American Concrete Agricultural Pipe Ass'n v. No-Joint Concrete Pipe Co.

Before us in these consolidated proceedings are two appeals and an application for a writ of mandamus. By one or the other of these means we are asked to review the district court orders entered in a private anti-trust suit, denying motions to dismiss the complaint and amended complaint as to one of the defendants and to quash service of process upon that defendant.

The anti-trust suit was brought by No-Joint Concrete Pipe Co. (Company) against American Concrete Agricultural Pipe Association (Association), a nonprofit membership corporation, and four business corporations. The defendants were charged with participation in a conspiracy in violation of section 1 of the Sherman Act, 26 Stat. 209 (1890), as amended, 50 Stat. 693 (1937), 15 U.S.C. § 1 (1958). The suit was filed in the United States District Court for the Northern District of California. Service of process was made upon the Association at its principal place of business located in Chicago, Illinois.

Proceeding under Rule 12(b), Federal Rules of Civil Procedure, the Association moved to dismiss the complaint, as to the Association, on the ground that the district court lacked venue of the suit as to that defendant…