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ALLIED AIR FREIGHT, INC. v. PAN AMERICAN WORLD AIRWAYS, INC.

Dockets 29016, 29225.

340 F.2d 160 (1965)

ALLIED AIR FREIGHT, INC. and Allied Air Freight International Corp., Plaintiffs-Appellants, v. PAN AMERICAN WORLD AIRWAYS, INC., Defendant-Appellee. ALLIED AIR FREIGHT, INC. and Allied Air Freight International Corp., Petitioners, for an order in the nature of a writ of mandamus directed to the Honorable Edmund L. PALMIERI, United States District Judge for the Southern District of New York, Respondent.

United States Court of Appeals Second Circuit.

Decided January 13, 1965.

Attorney(s) appearing for the Case

Milton Horowitz, New York City, for plaintiffs-appellants in No. 29016 and for petitioners in No. 29225.

Cleary, Gottlieb, Steen & Hamilton, New York City (Fowler Hamilton, George Weisz, New York City, of counsel), for defendant-appellee in No. 29016 and for respondent in No. 29225.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

PER CURIAM.

Allied Air Freight, Inc. and Allied Air Freight International Corp. seek to appeal from an order of the district court below that does not finally adjudicate the merits of plaintiffs' claim that defendant is liable to them in treble damages under Sections 1 and 2 of the Sherman Antitrust Act and Section 4 of the Clayton Act.

In the belief that the nature of plaintiffs' allegations are such that the Civil...

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