A. Cherney Disposal Co. And O. Z. Miller, Ltd. v. Chicago & Suburban Refuse Disposal Association

BARNES, Circuit Judge:

This is an appeal in a private antitrust action from a judgment of dismissal granted and entered after defendant’s motion for summary judgment was treated as a motion to dismiss for lack of jurisdiction. We reverse and remand for further proceedings.

I. THE NATURE OF THE PROCEEDINGS IN THE DISTRICT COURT.

We here adopt from the “Judgment Order and Memorandum Opinion” of the District Court, its statement of the cause, proceedings and pleadings leading up to the dismissal. 1

As can be seen, the District Court took a position in the last paragraph of

its order contrary to that…