NOERR MOTOR FRGT., INC. v. EASTERN RAILROAD PRES. CONF.

Nos. 12750, 12751.

273 F.2d 218 (1959)

NOERR MOTOR FREIGHT, INC., et al., Appellants in No. 12750, v. EASTERN RAILROAD PRESIDENTS CONFERENCE et al., Appellants in No. 12751.

United States Court of Appeals Third Circuit.

Decided December 10, 1959.


Attorney(s) appearing for the Case

Harold E. Kohn, Philadelphia, Pa., (Philip P. Kalodner, Aaron M. Fine, Philadelphia, Pa., Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., on the brief), for plaintiffs.

Daniel Mungall, Jr., Philadelphia, Pa. (Seth W. Watson, Jr., Philadelphia, Pa., on the brief), for Main Cent. R. Co.

Philip Price, Philadelphia, Pa. (Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., Hughes, Hubbard, Blair & Reed, New York City, Barnes, Dechert, Price, Myers & Rhoads, Harold B. Bornemann, Philadelphia, Pa., Dennis P. Donovan, New York City, Drinker, Biddle & Reath, Philadelphia, Pa., Carl E. Glock, Pittsburgh, Pa., James B. Anderson, Montgomery, McCracken, Walker & Rhoads, Morgan, Lewis & Bockius, Daniel Mungall, Jr., Cornelius C. O'Brien, Jr., Philadelphia, Pa., T. W. Pomeroy, Jr., Pittsburgh, Pa., Paul Maloney, Saul, Ewing, Remick & Saul, Philadelphia, Pa., on the brief), for defendants.

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.


PER CURIAM.

In this antitrust action for an injunction and treble damages,1 forty-one long distance trucking companies and their trade association, Pennsylvania Motor Truck Association, sued twenty-four major eastern railroads, Eastern Railroad Presidents Conference and Carl Byoir Associates, Inc. a New York corporation, the public relations agency for the Conference.

Plaintiffs charged in their complaint (filed April 30, 1953...

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