Independent Iron Works, Inc. v. United States Steel Corp.

In this private antitrust suit for treble damages the District Court, concluding that there was no substantial evidence *659 tending to establish liability on the part of the defendants, directed the jury to render verdicts against plaintiff and thereafter dismissed the action. Plaintiff has appealed. 1 The opinion of the District Court appears in 177 F.Supp. at 743.

The plaintiff, Independent Iron Works, Inc., has been engaged in the business of steel fabricating and construction since 1924 and maintains a plant in Oakland, California. Its operations include the erecting of steel framework for buildings, bridges, and other structures, and the making of underframes for railroad freight cars. Plaintiff produces no steel but buys all its material; and it is reasonable to conclude that the producers’ refusal to sell plaintiff structural steel in unlimited amount during the last half of 1955 precipitated this litigation.

Plaintiff’s complaint named ten defendants. 2 Prior to trial six were dismissed because of lack of service, or for other reasons not necessary -to notice,; those remaining are United States Steel Corporation (U. S. Steel), Bethlehem Steel Company (Bethlehem),…