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

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 3, 1968

Docket18915

StatusPublished

This text of 392 F.2d 579 (International Salt Company v. Ohio Turnpike Commission) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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).

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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.

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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.

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Bluebook (online)

392 F.2d 579, 1968 U.S. App. LEXIS 7466, 1968 Trade Cas. (CCH) 72,396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-salt-company-v-ohio-turnpike-commission-ca8-1968.

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