Joseph Segal, and Western States Telephone Co., Inc., Etc. v. American Telephone and Telegraph Company, Inc., Etc.

Western States Telephone Company appeals from a summary judgment for the defendants in a treble-damage action based on alleged violations of the Sherman Act, 15 U.S.C. §§ 1 and 2. The district court held that principles of res judicata deprived the court of subject matter jurisdiction, and, alternatively, that the statute of limitations barred Western States’ action. We affirm the district court’s holding on the jurisdictional issue, but we vacate summary judgment and remand with directions to stay this antitrust case pending completion of the FCC proceedings.

In February 1964, Western States…