City of Atlanta v. Chattanooga Foundry & Pipeworks
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Eastern .District of Tennessee. This was an action to recover damages under the seventh section of the act of Congress of July 2, 1890, e. 047, 26 Stat. 210 [U. S. Comp. St. 1901, p. 3202], known as the “Anti-Trust Act.” The plaintiff is a municipal corporation of the state of Georgia.
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In Error to the Circuit Court of the United States for the Eastern .District of Tennessee. This was an action to recover damages under the seventh section of the act of Congress of July 2, 1890, e. 047, 26 Stat. 210 [U. S. Comp. St. 1901, p. 3202], known as the “Anti-Trust Act.” The plaintiff is a municipal corporation of the state of Georgia. The defendants arc two manufacturing corporations of the state of Tennessee, engaged in the business of making and selling hast-lron pipe and fittings. The declaration averred.that on or about the 28th of December, 1894, the said two companies entered…
1Opinion of the CourtLurton, Circuit Judge
The plaintiff’s action is to recover damages incurred in its “business or property” by reason of a combination forbidden by the act of July 2, 1890, c. 647, 26 Stat. 209 [U. S. Comp. St. 1901, p. 3200], known as the “Anti-Trust Act,” and its right to a recovery depends wholly upon the seventh section of that law.
It is true that plaintiff is a municipal corporation. Nevertheless it was maintaining a system of waterworks, and furnished water to consumers, charging for same precisely as would a private corporation engaged in a like business. That a municipal corporation may be empowered to…
2Cases cited12 opinions
- Huntington v. AttrillSupreme Court of the United States · 1892
- Addyston Pipe & Steel Co. v. United StatesSupreme Court of the United States · 1899
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Brady v. DalySupreme Court of the United States · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Texas Industries, Inc. v. Radcliff Materials, Inc.Supreme Court of the United States · 1981
- Package Closure Corporation v. Sealright Co.Court of Appeals for the Second Circuit · 1944
- Roseland v. Phister Mfg. Co.Court of Appeals for the Seventh Circuit · 1942
- United Mine Workers of America v. Meadow Creek Coal Company, Inc.Court of Appeals for the Sixth Circuit · 1959
- Misco, Inc., Mid-South Aluminum Company, and Everett W. Fielder, Jr. v. United States Steel Corporation and Alside, IncorporatedCourt of Appeals for the Sixth Circuit · 1986
54 more not listed; retrieve them via the Exa API.