The Flintkote Company, a Corporation v. Elmer Lysfjord and Walter R. Waldron, Doing Business as Aabeta Co.

Appellees as plaintiffs on July 21,1952, filed a complaint under the Sherman Anti-Trust Act 1 against the Acoustical Contractors Association of Southern California, Inc., and certain members thereof (six individuals, and eight corporations, individuals, or partnerships do *372 ing business under a fictitious firm name). The Flintkote Company and four John Does were also joined as defendants. The essential interstate commerce was alleged to have been in acoustical tile.

To understand this case, it is first necessary to look at the pleadings. All defendants, other than Flintkote, were charged with violating the law :in the following particulars:

the Sherman Act. The general plan and purpose was:

It was then alleged that plaintiff entered into an agreement shortly prior to January 1, 1952, to buy from Flintkote “a continuous supply of a complete line of acoustical tile;” and that:

A First Amended Complaint was lodged January 28, 1953, and filed March 23, 1953, by appellees. Plaintiffs’ theory of their case was changed to directly charge the defendant Flintkote Company, with agreeing to sell acoustical tile to plaintiffs in the latter part of 1951, and that “all defendants” from…

(concurring).

I concur with the opinion insofar as it treats of the subject of damages. I express no opinion as to the rulings upon the objections to the evidence.

246 F.2d 368 The FLINTKOTE COMPANY, a Corporation, Appellant, v. Elmer LYSFJORD and Walter R. Waldron, Doing Business as Aabeta Co., Appellees. No. 15005. United States Court of Appeals Ninth Circuit. March 29, 1957. Rehearing Denied June 3, 1957. Harold A. Black, G. Richard Doty, McCutchen, Black, Harnagel & Greene, Los Angeles, Cal., for appellant. Alfred C. Ackerman, Los Angeles, Cal., for appellee. Before STEPHENS, BARNES and HAMLEY, Circuit Judges. BARNES, Circuit Judge. 1 Appellees as plaintiffs on July 21, 1952, filed a complaint under the Sherman Anti-Trust Act 1 against the Acoustical Contractors Association of Southern California, Inc., and certain members thereof (six individuals, and eight corporations, individuals, or partnerships doing business under a fictitious firm name). The Flintkote Company and four John Does were also joined as defendants. The essential interstate commerce was alleged to have been in acoustical tile. 2 To understand this case, it is first necessary to look at the pleadings. All defendants, other than Flintkote, were following particulars: 3 'For some time prior to the date of the filing of this complaint and continuously since prior to…