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CITY OF PHILADELPHIA, PENNSYLVANIA v. MORTON SALT COMPANY

No. 16557.

385 F.2d 122 (1967)

CITY OF PHILADELPHIA, PENNSYLVANIA, a Municipal Corporation, on Behalf of Itself and All Others Similarly Situated, v. MORTON SALT COMPANY, Pioneer Salt Company, Salt Service Incorporated, International Salt Company, Cayuga Rock Salt Company and Diamond Crystal Salt Company and Cargill Incorporated, State of New York, Appellant.

United States Court of Appeals Third Circuit.

Decided November 6, 1967.

Attorney(s) appearing for the Case

David Berger, Cohen, Shapiro, Berger, Polisher & Cohen, Philadelphia, Pa. (Herbert B. Newberg, H. Laddie Montague, Jr., Philadelphia, Pa., Louis J. Lefkowitz, Atty. Gen., for the State of New York, George C. Mantzoros, Joel A. Windman, Asst. Attys. Gen., on the brief), for appellant.

Lewis Van Dusen, Jr., Drinker, Biddle & Reath, Philadelphia, Pa. (David P. Bruton, Philadelphia, Pa., on the brief), for appellee International Salt Co.

Paul Matzko, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for appellee Salt Service Inc.

Donald Brown, Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa. (Edward Gerald Donnelly, Jr., Daniel Lowenthal, Philadelphia, Pa., on the brief), for appellee Cayuga Rock Salt Co.

K. Robert Conrad, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellee Morton Salt Co.

Robert W. Sayre, Philadelphia, Pa., for appellee, Pioneer Salt Co.

Before HASTIE, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Appellant, State of New York ("New York"), appeals from a denial of its motion for leave to intervene as a plaintiff in a private anti-trust class action pending in the district court.

The action was filed in the district court on July 1, 1963, allegedly for the benefit of a class consisting, inter alia, of all other state governments similarly situated. Beginning in 1964 numerous parties were permitted to intervene...

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