Barney Peller v. International Boxing Club, Inc.

219 F.2d 444, 1955 U.S. App. LEXIS 5308, 1955 Trade Cas. (CCH) 67,969

• Court: Court of Appeals for the Seventh Circuit
• Decided: February 16, 1955
• Docket: 11217_1
• Status: Published

Opinion

FINNEGAN, Circuit Judge.

Consistent with United States v. International Boxing Club of New York, Inc., 75 S.Ct. 259, we reverse the judgment, appealed here, entered below April 23, 1954. This cause is remanded to the District Court with directions to vacate its aforesaid order in which appellant’s complaint, bottomed on the Clayton Act, 15 U.S.C.A. §§ 15, 26 and the Sherman Act, 15 U.S.C.A. §§ 1, 2, was dismissed; to overrule defendants’ motions resting on jurisdictional grounds and alleged failure of the complaint to state a cause of action.

Reversed and remanded with directions.