Yellow Cab Company of Nevada, a Nevada Corporation v. Cab Employers, Automotive & Warehousemen, Local 881

Pursuant to the Sherman Anti-Trust Act, 15 U.S.C. § 1 et seq., appellant Yellow Cab Company of Nevada (Yellow Cab) brought suit in United States District Court to recover nearly $4,000,000 in damages, actual and treble, for alleged conspiracies to restrain trade and to monopolize, violations of Sections 1 and 2, respectively, of the Sherman Act. The District Court first denied, but upon reconsideration, granted, appel-lees’ joint Motions for Summary Judgment. In granting these motions, the District Court expressly found that there was no genuine issue as to any of the jurisdictional facts upon which its subject-matter jurisdiction depended and that appellees were entitled to judgment as a matter of law. Now before this court, Yellow Cab maintains that the lower court’s assessment of federal jurisdiction was incorrect.

In its complaint, Yellow Cab sought recovery by way of two theories, namely, an “in commerce” violation of the Sherman Act and a violation of the Sherman Act which “affected commerce.”

A. In Interstate Commerce.

In part, Yellow Cab claimed that it was engaged in interstate commerce because pursuant to an exclusive contract with Union Pacific Railroad, it…