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Radiant Burners, Inc. v. Peoples Gas Co., 364 U.S. 656 (1961)

Radiant Burners, Inc. v. Peoples Gas Light & Coke Co.,

No. 73

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.

Page 364 U. S. 657

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