Package Closure Corporation v. Sealright Co.

FRANK, Circuit Judge.

1. Without doubt, plaintiff alleges conduct by defendants violative of the Sherman Act. But that is not enough upon which to ground an action under § 7, 15 U.S.C.A. § 15. The question is whether plaintiff’s allegations sufficiently show that, “by reason of” that conduct, plaintiff was “injured” and thereby “sustained damages.”

The gist of the prolix complaint, and in fact the only ground of recovery by plaintiff under ithe Sherman Act, consists of allegations that, in aid of a conspiracy the purpose of which was to destroy plaintiff as a business rival, defendants, acting…