Hylton Harman, Trustee of the Coffeyville Loan and Investment Company, Inc. v. The Valley National Bank of Arizona

Appellant’s complaint under section 4 of the Clayton Act, 15 U.S.C.A. § 15 , seeking treble damages for alleged violation of sections 1 and 2 of the Sherman Act, 15 U.S.C.A. §§ 1 and 2, was dismissed for failure to state a claim upon which relief could be granted. Appellant declined to amend and the action was dismissed.

The district court did not state its reasons for dismissal. Appellees suggest two possibilities: (1) relief was precluded by Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 (1961); and (2) plaintiff was*not a “person * * * injured in his business or property by reason of anything forbidden in the antitrust laws” within the meaning of section 4 of the Clayton Act.

We think neither ground necessarily posed an “insuperable bar to relief,” and that dismissal for failure to state a claim was therefore improper. Corsican Productions v. Pitchess, 338 F.2d 441 (9th Cir. 1964). See also Sardo v. McGrath, 90 U.S.App.D.C. 195 , 196 F.2d 20, 24 (1952) ; 2 Moore’s Federal Practice par. 12.09, p. 2257 (“the motion to dismiss for failure to state a claim raises matter in bar * * *”).

1. The complaint alleged…