Magazine Publishers Ass'n v. Crowell-Collier Publishing Co.

Motion for summary judgment. Plaintiff is a membership corporation whose members are publishers of magazines. Defendant is a former member who resigned from the association on December 19, 1956. The by-laws of the association provide for the payment of dues for two ensuing quarters by a resigning member. Suit is for such dues. The amount is not disputed and, aside from the affirmative defense, no grounds of contest to plaintiff’s claim are asserted.

The affirmative defense is that the activities of the plaintiff are in restraint of trade. This claim is sought to be substantiated by plaintiff’s…