McManus v. Capital Airlines, Inc.

BYERS, District Judge.

This is a plaintiff’s motion for summary judgment under Rule 56, 28 U.S.C., in an action to recover treble damages for alleged violation of the anti-trust statutes, in the sum of $16,875,000. For reasons to be stated, the motion is denied. There are material issues of fact raised in the pleadings, which is a sufficient basis for the ruling made.

A brief discussion of the subject matter may be helpful in future developments of the litigation, which is the only reason for setting forth more than the bare decision.

The plaintiff is by way of being a licensed agent to sell…