United States Supreme Court Cases & Opinions

U.S. Supreme Court

C.E. Stevens Co. v. Foster & Kleiser Co., 311 U.S. 255 (1940)

C.E. Stevens Company v. Foster & Kleiser Co

No. 41

Argued November 19, 20, 1940

Decided December 9, 1940

311 U.S. 255

Syllabus

A complaint in a suit for triple damages under the Sherman Antitrust Act, brought by a poster advertising company against others engaged in that business, adequately alleged a conspiracy by the defendants to monopolize the business of bill posting by restraining interstate commerce in the transportation of posters. The complaint

Page 311 U. S. 256

alleged also, as part of the general conspiracy, local acts of the defendants aimed at preventing the complainant from obtaining sites for posting and signs. Injury and damage to the complainant, including loss of business and profits, were alleged.

Held:

1. The damage alleged could not be regarded as having been the consequence solely of the local acts of the defendants, and the allegations of damage, though general, were adequate. P. 311 U. S. 260.

2. It was not necessary, in order to state a cause of action, that the complainant allege it was unable, as a result of defendants' activities, to obtain posters. P. 311 U. S. 261.

109 F.2d 764 reversed.

Certiorari, 310 U.S. 618, to review the affirmance of a judgment dismissing the complaint in a suit for triple damages under the Sherman Antitrust Act.