International Salt Company v. Ohio Turnpike Commission

Eighth Circuit

International Salt Company v. Ohio Turnpike Commission

392 F.2d 579, 1968 U.S. App. LEXIS 7466, 1968 Trade Cas. (CCH) 72,396

Court of Appeals for the Eighth Circuit·Decided April 3, 1968·No. 18915·Published

Opinion

PER CURIAM.

This is an interlocutory appeal pursuant to 28 U.S.C.A. § 1292(b) of a District Court order extending the provisions of § 5(a) of the Clayton Act, 15 U.S.C.A. § 16(a) (prima facie evidence rule) to this private treble damages action based on a violation of § 1 of the Sherman Act, 15 U.S.C.A. § 1. The order appealed from applies § 5(a) to this case, notwithstanding that appellant successfully contested the criminal action against itself and that appellant entered a consent decree in the government’s civil action against itself and others prior to the determination of that civil action. We are in full accord with Judge Larson’s carefully considered and well expressed opinion in State of Michigan v. Morton Salt Co., D.C.Minn., 1966, 259 F.Supp. 35, 57, 61-64. On the basis of that determination, this case is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an interlocutory appeal pursuant to 28 U.S.C.A. § 1292(b) of a District Court order extending the provisions of § 5(a) of the Clayton Act, 15 U.S.C.A. § 16(a) (prima facie evidence rule) to this private treble damages action based on a violation of § 1 of the Sherman Act, 15 U.S.C.A. § 1. The order appealed from applies § 5(a) to this case, notwithstanding that appellant successfully contested the criminal action against itself and that appellant entered a consent decree in the government’s civil action against itself and others prior to the determination of that civil action. We are in full accord with Judge Larson’s carefully considered and well expressed opinion in State of Michigan v. Morton Salt Co., D.C.Minn., 1966, 259 F.Supp. 35, 57, 61-64. On the basis of that determination, this case is affirmed.

International Salt Company v. Ohio Turnpike Commission, 392 F.2d 579, 1968 U.S. App. LEXIS 7466, 1968 Trade Cas. (CCH) 72,396 (8th Cir. 1968).

Pincite

392 F.2d 579 (International Salt Company v. Ohio Turnpike Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related