Byram Concretanks, Inc. v. Warren Concrete Products Co. Of N. J.

Third Circuit

Byram Concretanks, Inc. v. Warren Concrete Products Co. Of N. J.

323 F.2d 994

CourtCourt of Appeals for the Third Circuit

DecidedNovember 27, 1963

Docket14368

StatusPublished

Cited by2 cases

This text of 323 F.2d 994 (Byram Concretanks, Inc. v. Warren Concrete Products Co. Of N. J.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byram Concretanks, Inc. v. Warren Concrete Products Co. Of N. J., 323 F.2d 994 (3d Cir. 1963).

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Opinion

PER CURIAM.

This is a suit by the plaintiff, a manufacturer of precast concrete septic tanks, against the defendant corporations, who were competitors in that business, the Board of Health of Roxbury Township, Morris County, New Jersey, the Health Officer of that township and the individuals who were members of the Board of Health at various times. The complaint alleged violation of the anti-trust laws and sought treble damages and an injunction. Its institution followed the dismissal with prejudice of a suit arising out of the same controversy which the plaintiff had brought against some of the individual defendants in the Superior Court of New Jersey. After lengthy interlocutory proceedings (see e. g. By-ram Concretanks, Inc. v. Meaney, 3 Cir. 1961, 286 F.2d 170) the case came on for trial in the district court. At the conclusion of the plaintiff’s evidence the court dismissed the complaint upon motion of the defendants. The plaintiff thereupon took the appeal now before us.

Our study of the record satisfies us that the district court did not err in its conclusion that the plaintiff had failed to prove its case. We have also considered the plaintiff’s contentions that there were trial errors but find them so lacking in merit as to require no discussion.

The judgment of the district court will be affirmed.

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PER CURIAM.

This is a suit by the plaintiff, a manufacturer of precast concrete septic tanks, against the defendant corporations, who were competitors in that business, the Board of Health of Roxbury Township, Morris County, New Jersey, the Health Officer of that township and the individuals who were members of the Board of Health at various times. The complaint alleged violation of the anti-trust laws and sought treble damages and an injunction. Its institution followed the dismissal with prejudice of a suit arising out of the same controversy which the plaintiff had brought against some of the individual defendants in the Superior Court of New Jersey. After lengthy interlocutory proceedings (see e. g. By-ram Concretanks, Inc. v. Meaney, 3 Cir. 1961, 286 F.2d 170) the case came on for trial in the district court. At the conclusion of the plaintiff’s evidence the court dismissed the complaint upon motion of the defendants. The plaintiff thereupon took the appeal now before us.

Our study of the record satisfies us that the district court did not err in its conclusion that the plaintiff had failed to prove its case. We have also considered the plaintiff’s contentions that there were trial errors but find them so lacking in merit as to require no discussion.

The judgment of the district court will be affirmed.

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323 F.2d 994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byram-concretanks-inc-v-warren-concrete-products-co-of-n-j-ca3-1963.

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