Marks Food Corporation, a Corporation v. Barbara Ann Baking Co., a Corporation

The plaintiffs in this case are several, but by no means all of the Los Angeles retail grocers who purchase bread for resale from defendants who make it. The plaintiffs are suing the defendants for treble damages alleging that defendants have conspired to violate and have violated United States anti-trust statutes, by acts tending to create a monopoly through the fixing of sales prices, giving special discounts and other discriminations against them. The Sherman Act, §§ 1 and 2, Title 15 U.S.C.A. §§ 1 , 2; the Robinson-Patman Act, § 1, Title 15 U.S.C.A. § 13 ; The Clayton Act, § 2, Title 15 U.S.C.A. § 13 (a).

A session of court with counsel was held preliminarily in which it was agreed that time could be saved by trying the issue of “subject matter jurisdiction” separately and ahead of other issues in the case, and it was agreed that counsel would attempt the formulation of a written stipulation of fact relevant to this special issue. Such a stipulation was agreed to and the court accepted it. See reference to the stipulation regarding the alleged conspiracy in Footnote. The defendants offered nothing in addition. The plaintiffs objected to going forward upon the ground that a…