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STATE OF TEX. v. SCOTT & FETZER CO.

No. 82-1404.

709 F.2d 1024 (1983)

The STATE OF TEXAS, as parens patriae on behalf of natural persons residing in Texas, Plaintiff-Appellee, v. The SCOTT & FETZER COMPANY and the Kirby Sales Company, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 12, 1983.

Attorney(s) appearing for the Case

Jack D. Maroney, Austin, Tex., William T. Plesec, Washington, D.C., Barry L. Springel, Cleveland, Ohio, for defendants-appellants.

Mark White, Atty. Gen., Katherine C. Bond, Steven Baron, Asst. Attys. Gen., Austin, Tex., for plaintiff-appellee.

Before POLITZ and JOLLY, Circuit Judges, and HUNTER, District Judge.

EDWIN F. HUNTER, Jr., District Judge:

In this case, the State of Texas (acting through its Attorney General) seeks to bring suit in its capacity as parens patriae against defendants for their alleged violations of federal antitrust laws. Defendants moved to dismiss the complaint, insisting that the Attorney General had no State authority to maintain the action. The district court denied the motion, but certified the...

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