H. E. Swezey & Son Motor Transportation, Inc. v. Reich Bros. Long Island Motor Freight, Inc.

Each of the parties is engaged as a common carrier by motor vehicle in interstate and intrastate commerce. The action is to recover damages for breach of contract whereby defendant engaged to transport certain freight for plaintiff over described routes in consideration of a portion of the rate received by plaintiff. It is alleged in the answer that the agreement sued upon was but one of four contracts made to effect a reciprocal dr pooling agreement which is violative of the Sherman Antitrust Act (U. S. Code, tit. 15, § 1), of the Interstate Commerce Act, Part I (U. S. Code, tit. 49, § 5),…