Westmoreland Asbestos Co. v. Johns-Manville Corp.

HULBERT, District Judge.

This is a motion to settle the record on appeal to the Circuit Court of Appeals and its disposition depends upon the interpretation to be given to Rule 75, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, particularly subdivisions (a) (e) (g) and (h).

The several plaintiffs declared their separate causes of action in a consolidated complaint demanding treble damages for defendants’ alleged conspiracy to violate the anti-trust laws of the United States.

Defendants upon a single motion, 30 F. Supp. 389, sought six items of relief:

1. For the dismissal…