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REAEMCO, INC. v. ALLEGHENY AIRLINES

No. 78 Civ. 6075.

496 F.Supp. 546 (1980)

REAEMCO, INC., Plaintiff, v. ALLEGHENY AIRLINES, American Airlines, Burlington Northern Inc., Delta Airlines, Eastern Airlines, Northwest Airlines, Penn Central Railroad, Shearson Hayden Stone Inc. and Trans World Airlines, Defendants.

United States District Court, S. D. New York.

July 28, 1980.

Attorney(s) appearing for the Case

Mordecai Rosenfeld, New York City, for plaintiff.

Chadbourne, Parke, Whiteside & Wolff, New York City, for defendants, Allegheny Airlines, Inc., American Airlines, Inc., Delta Airlines, Inc., Eastern Airlines, Inc., Northwest Airlines, Inc. and Trans World Airlines, Inc.; Zachary Shimer and Edwin D. Scott, New York City, of counsel.

Rogers & Wells, New York City, for defendant Burlington Northern, Inc.; William R. Glendon and Guy C. Quinlan, New York City, of counsel.

Donovan, Leisure, Newton & Irvine, New York City, for defendant Penn Central Corp.; Kenneth N. Hart, Kenneth E. Newman, and James C. Sherwood, New York City, of counsel.

Willkie, Farr & Gallagher, New York City, for defendant Shearson Hayden Stone Inc.; William T. Sullivan, and Richard E. O'Connell, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

Plaintiff Reaemco, Inc. seeks treble damages under section 4 of the Clayton Act, 15 U.S.C. § 15, for defendants' alleged violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2. Reaemco also alleges violations of the Interstate Commerce Act, 49 U.S.C. § 5, and seeks damages thereunder, 49 U.S.C. § 8.1 Pursuant to Rule 12(b)(6), F.R.Civ.P., all defendants...

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