S-M News Co. v. Simons

Plaintiff is a national distributor of magazines. In the metropolitan area it operates through local wholesalers or delivery agents, who collect, bundle and truck the magazines to retailers, make collections, check quantities sold, redistribute surpluses and factor the accounts. Defendant is a labor union representing drivers and others employed by the wholesale delivery agents in the city of New York.

From some time in 1948 to October 24, 1951, plaintiff had contracted with thirteen separate wholesalers for the distribution of its magazines in the metropolitan area. Prior to the latter date…