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Fleitmann v. Welsbach Street Lighting Co., 240 U.S. 27 (1916)

Fleitmann v. Welsbach Street Lighting Company

Nos. 145, 146

Argued December 17, 1915

Decided January 24, 1916

240 U.S. 27


When the penalty of triple damages is sought under § 7 of the Anti-Trust Act, the liability can only be enforced through the verdict of a jury in a court of common law.

While, under the Act of October 15, 1914, private parties can obtain an injunction against threatened loss, that act, in terms, goes no farther.

A suit in equity by a single stockholder of a corporation against that and other corporations to require the latter to pay to the former threefold damages under § 7 of the Sherman Act cannot be maintained, nor, in such a case, can there be a decree requiring the corporation of which plaintiff is a stockholder to sue the other corporations or permitting him to sue in its name and on its behalf.

211 F. 103 affirmed.

The facts, which involve the right of a single stockholder to maintain a suit against the corporation under § 7 of the Sherman Act, are stated in the opinion.

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