Samuel Freedman v. Philadelphia Terminals Auction Co.

VAN DUSEN, District Judge. ■

This case, currently before thte court on defendant’s Motion to Dismiss under Rule 12(b), Fed.Rules Civ.Proc. 28 U.S. C.A., involves a suit by plaintiffs, members of an unincorporated association of Philadelphia wholesale fruit merchants, against defendant, a New Jersey corporation engaged in the business of auctioning such fruit in Philadelphia. -• The complaint is founded on certain provisions of the federal anti-trust laws and also on general provisions of the law of fraudulent misrepresentation and resti tution as they relate to business transactions,…