State of Missouri v. Stupp Bros. Bridge & Iron Co.

JOHN W. OLIVER, District Judge.

This civil anti-trust case pends on defendants’ motion (1) for summary judgment dismissing the entire action predicated on the theory that (a) as to most of the structural steel involved, plaintiffs were indirect purchasers lacking capacity to sue under Section 4 of the Clayton Act (15 U.S.C.A. § 15); and (b) as to the remainder of the structural steel involved, no conspiracy can be said to exist because only one defendant — Stupp Bros. Bridge & Iron Company — was capable of handling the fabrication on particular projects which did involve direct purchases ; and…