Radiant Burners, Inc. v. Peoples Gas Co.
Annotate this Case
364 U.S. 656 (1961)
U.S. Supreme Court
Radiant Burners, Inc. v. Peoples Gas Co., 364 U.S. 656 (1961)
Radiant Burners, Inc. v. Peoples Gas Light & Coke Co.,
Argued December 7, 1960
Decided January 16, 1961
364 U.S. 656
Under § 4 of the Clayton Act, a manufacturer of gas heaters brought a suit for treble damages against a trade association and ten of its members which are pipeline companies, gas distributors and manufacturers of gas burners, claiming that the defendants had combined and conspired to restrain interstate commerce in the manufacture and sale of gas burners in violation of § 1 of the Sherman Act. It alleged that: the association tests burners and issues a seal of approval for those which pass its tests; such tests are not objective, but are influenced by some of the defendants which are in competition with plaintiff; the association has improperly refused to approve plaintiff's gas burners; two of the defendants which are gas distributors refuse to provide gas for use in plaintiff's burners; and plaintiff's gas burners have thus been effectively excluded from the market.
Held: it was error for the District Court to dismiss the complaint for failure to state a claim upon which relief could be granted. Klor's, Inc. v. Broadway-Hale Stores, 359 U. S. 207. Pp. 364 U. S. 657-660.
273 F.2d 196 reversed.
Disclaimer: Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.