Fortner Enterprises, Inc. v. United States Steel Corporation and United States Steel Homes Credit Corporation

WILLIAM E. MILLER, Circuit Judge.

This is the second appeal in this private antitrust action. 1 At the first trial the district court granted summary judgment for the defendants, holding that petitioner had failed to raise any question of fact as to a possible violation of the antitrust laws. Fortner Enterprises, Inc. v. United States Steel Corp. et al., 293 F.Supp. 762 (1966). The judgment was affirmed by this Court without opinion, 404 F.2d 936, but the Supreme Court in a 5-4 decision, holding on the facts set forth in the record as it was constituted at that time, that summary disposition…