ASSOCIATION OF WESTERN RAILWAYS v. RISS & COMPANY

Nos. 16206, 16255, 16376.

299 F.2d 133 (1962)

ASSOCIATION OF WESTERN RAILWAYS et al., Appellants, v. RISS & COMPANY, Inc., Appellee. The ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY et al., Appellants, v. RISS & COMPANY, Inc., Appellee. ASSOCIATION OF WESTERN RAILWAYS, Traffic Executive Association-Eastern Railroads, Eastern Railroad Presidents Conference, Carl Byoir and Associates, Inc., and the Pennsylvania Railroad Company, Appellants, v. RISS & COMPANY, Inc., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 25, 1962.


Attorney(s) appearing for the Case

Mr. Stuart S. Ball, Chicago, Ill., with whom Mr. Richard J. Flynn, Chicago, Ill., was on the brief, for appellant Assoc. of Western Railways in Nos. 16206, 16376, and appellant The Atchison, Topeka & Santa Fe Railway Co. and certain other appellants in No. 16255.

Mr. James H. McGlothlin, Washington, D. C., with whom Messrs. Thaddeus Holt, Birmingham, Ala., and William H. Greer, Jr., Washington, D. C., were on the brief, for appellant Traffic Executive Assoc. and certain other appellants in Nos. 16206, 16376, and appellant Pennsylvania Railroad Co. in No. 16255.

Mr. A. Alvis Layne, Washington, D. C., with whom Mr. Lester M. Bridgeman, Washington, D. C., was on the brief, for appellee.

Before WILBUR K. MILLER, Chief Judge, and EDGERTON and BASTIAN, Circuit Judges.


EDGERTON, Circuit Judge.

Appellee Riss & Company, Inc. (Riss), an interstate trucker, sued 85 railroads, four railroad associations, and a public relations firm, charging them with conspiracy to monopolize and eliminate Riss's competition in transportation of ammunition and explosives for the United States, in alleged violation of §§ 1 and 2 of the Sherman Act, 15 U.S.C.A. §§ 1, 2. The plaintiff asked damages and injunctive relief. Many defendants...

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