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READING INDUSTRIES, INC. v. KENNECOTT COPPER CORP.

No. 731, Docket 79-7762.

631 F.2d 10 (1980)

READING INDUSTRIES, INC., Plaintiff-Appellant, v. KENNECOTT COPPER CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 24, 1980.

Attorney(s) appearing for the Case

Jerry S. Cohen, Washington, D. C. (Harold E. Kohn, Michael D. Hausfeld, and Kohn, Milstein & Cohen, Washington, D. C., on brief), for plaintiff-appellant.

Michael A. Cooper, New York City (Bruce E. Clark, Janette Patterson, Darrell K. Fennell, and Sullivan & Cromwell, New York City, on brief), for defendants-appellees Kennecott Copper Corporation and Chase Brass & Copper Company, Inc.

Andrew C. Hartzell, Jr., New York City (Martin F. Evans, Douglas S. Eakeley, Mark A. Conley, and Debevoise, Plimpton, Lyons & Gates, New York City, on brief), for defendants-appellees Phelps Dodge Corporation and Phelps Dodge Industries, Inc.

Paul G. Pennoyer, Jr., New York City (Michael S. Davis, Kathryn A. Brown, and Chadbourne, Parke, Whiteside & Wolff, New York City, on brief), for defendants-appellees The Anaconda Company and Anaconda American Brass Company.

Before MANSFIELD and NEWMAN, Circuit Judges, and GOETTEL, District Judge.

NEWMAN, Circuit Judge:

This appeal concerns a somewhat bizarre attempt to obtain damages under the antitrust laws. Reading Industries, Inc. (Reading) alleges that a conspiracy to keep prices low caused it, through a series of complex market interactions, to pay prices that were unduly high. The District Court for the Southern District of New York (Morris E. Lasker, Judge) granted defendants' motion for summary judgment on the grounds that Reading lacked...

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