FAGAN v. SUNBEAM LIGHTING CO. INC.

No. P-3027.

303 F.Supp. 356 (1969)

Joseph A. FAGAN, Plaintiff, v. SUNBEAM LIGHTING CO., INC., EASTERN, a California Corporation, and Ken Glaesner, Defendants.

United States District Court S. D. Illinois, N. D.

August 15, 1969.


Attorney(s) appearing for the Case

John E. Cassidy, Jr., Peoria, Ill., for plaintiff.

John F. Dolan, Peoria, Ill., for defendant Sunbeam Lighting Co.


OPINION AND ORDER

ROBERT D. MORGAN, District Judge.

This is a private antitrust suit for treble damages arising under the Commerce and Trade Laws of the United States, 15 U.S.C. § 1ff. Jurisdiction is founded on 28 U.S.C. § 1337. The case is presently before the court on defendant Sunbeam's motion, under F.R.C.P. 12(b) (6), to dismiss the complaint because of plaintiff's "failure to state a claim upon which relief can be granted," or, in the alternative...

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