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PACKAGE CLOSURE CORPORATION v. SEALRIGHT CO.

No. 273.

141 F.2d 972 (1944)

PACKAGE CLOSURE CORPORATION v. SEALRIGHT CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

April 3, 1944.

Attorney(s) appearing for the Case

Unger & Pollack, of New York City (William F. Unger, of New York City, of counsel), for appellant.

Sullivan & Cromwell and Henry R. Ashton, all of New York City, Hiscock, Cowie, Bruce, Lee & Mawhinney, of Syracuse, N. Y., and Joseph J. Brown, of Philadelphia, Pa., for appellees.

Edwards & Smith, of New York City (John F. Dailey, Jr., and Charles A. Ellis, both of New York City, of counsel), for defendant-appellee Daniel A. Mackin.

Before CHASE, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Without doubt, plaintiff alleges conduct by defendants violative of the Sherman Act. But that is not enough upon which to ground an action under § 7, 15 U.S.C.A. § 15. The question is whether plaintiff's allegations sufficiently show that, "by reason of" that conduct, plaintiff was "injured" and thereby "sustained damages."

The gist of the prolix complaint, and in fact the only ground of recovery by plaintiff under the Sherman...

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