Marks Food Corp. v. Barbara Ann Baking Co.

Plaintiffs filed a complaint for treble damages under the Sherman, Clayton and Robinson-Patman Acts, 15 U.S.C.A. §§ 1-7 , 15 note, 12 et seq., alleging in part that the manufacture of bread in the Los Angeles area is controlled by a number of large baking companies named as defendants in the proceedings. Plaintiffs allege the business of producing and marketing bread, as carried on by the defendants, is “either in or directly affects trade and commerce among the several states.”

Plaintiffs further allege that in the business of producing and marketing bread the defendants purchase flour and other ingredients which are shipped across state lines to the defendants in California; that in addition thereto defendants’ baking equipment and replacement and maintenance parts are purchased from sources in states other than the State of California. At the time of filing the Complaint, plaintiffs demanded a jury trial.

Defendants appeared and moved to dismiss the complaint on the ground that plaintiffs had not satisfied the jurisdictional interstate commerce requirements of the antitrust laws. The Motion to Dismiss was denied, and subsequent thereto defendants appeared and answered,…