Shannon

This is an action for damages for alleged violations of §§ 1 and 2 of the Sherman Act, brought by the plaintiff Trustee in Bankruptcy of Murphy Pacific Marine Salvage Company (“MP”) against defendants Shipowners & Merchants Tugboat Company, Bay Cities Transportation Company (both hereinafter referred to as “the Crowley companies”), and Thomas B. Crowley, principal officer and controlling shareholder of both companies. Before the Court is the defendants’ motion in limine to exclude the plaintiff’s damage evidence as being too speculative.

To test this motion, the Court ordered hearings on the sufficiency of the plaintiff’s proof of damages. For the purposes of these hearings this Court assumed the liability of the Crowley companies for predatory pricing had been established. The Court had the plaintiff present to it, in the absence of a jury, all the plaintiff’s evidence relating to any damages allegedly suffered, which consisted of 5 live witnesses, 87 exhibits (all of which were admitted into evidence for the purposes of these hearings), and 41 designated excerpts of deposition testimony. After considering all the testimony presented, the voluminous papers and exhibits…