C. A. Page Publishing Co., Inc., a Corporation v. Telford Work

This is a companion appeal to Page v. Work, 290 F.2d 323 , which was this day decided. As in the Marietta Page ease, appellant appeals from a judgment dismissing for want of federal jurisdiction a civil anti-trust suit for treble damages. Jurisdiction of the district court was invoked under the provisions of Title 15 U.S.C.A. §§ 1 , 2, 4, 7, 13, 15 and 18, commonly known as the Sherman Antitrust Act and the Clayton Act. This Court has jurisdiction under the provisions of Title 28 U.S.C.A. §§ 1291 and Í294. '

As in the companion case, judgment of dismissal was entered following the granting by the district court of appel-lees’ motion for summary judgment based on the ground that there existed no genuine issue oh a material fact relating to the question of jurisdiction. Proceedings leading up to the entry of the judgment are similar to those set forth in the companion case, and judgment was entered following extensive pretrial discovery proceedings and conferences, culminating in a pretrial conference order containing 21 pages of admitted facts. The opinion of the district judge, reported at D.C., 178 F.Supp. 184 , disposed of both cases. As in the companion case, the parties in…

On Petition for Rehearing.

An opinion was filed herein on March 8, 1961, affirming the judgment of the district court dismissing for want of federal jurisdiction a civil antitrust action.

Appellant has filed herein a petition for rehearing. We have this day denied the petition for rehearing of appellant in the companion appeal of Page v. Work et al., 9 Cir., 290 F.2d 323 . For the reasons given in the companion case, the petition of appellant for rehearing in this case is likewise denied.

290 F.2d 334 C. A. PAGE PUBLISHING CO., Inc., a corporation, Appellant, v. Telford WORK et al., Appellees. No. 16786. United States Court of Appeals Ninth Circuit. March 8, 1961. Rehearing Denied May 3, 1961. Dudley K. Wright, Santa Ana, Cal., for appellants. Rollin L. McNitt and Edythe Jacobs, Los Angeles, Cal., for appellees. Before CHAMBERS, BARNES and JERTBERG, Circuit Judges. JERTBERG, Circuit Judge. 1 This is a companion appeal to Page v. Work, 290 F.2d 323 , which was this day decided. As in the Marietta Page case, appellant appeals from a judgment dismissing for want of federal jurisdiction a civil anti-trust suit for treble damages. Jurisdiction of the district court was invoked under the provisions of Title 15 U.S.C.A. §§ 1 , 2, 4, 7, 13, 15 and 18, commonly known as the Sherman Antitrust Act and the Clayton Act. This Court has jurisdiction under the provisions of Title 28 U.S.C.A. §§ 1291 and 1294. 2 As in the companion case, judgment of dismissal was entered following the granting by the district court of appellees' motion for summary judgment based on the ground that there existed no genuine issue on a material fact relating to the question of…