Carswell Trucks, Inc. v. International Harvester Co.

OPINION

FREDERICK van PELT BRYAN, District Judge:

This is a private antitrust action alleging violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and seeking treble damages and injunctive relief. Jurisdiction is based on Section 4 of the Clayton Act, 15 U.S.C. § 15 and 28 U.S. C. § 1337.

Plaintiff, Carswell Trucks, Inc. (Car-swell), a New York corporation, is engaged in the business of selling trucks and parts at retail and is a dealer for defendant, International Harvester Company (Harvester). Harvester, a Delaware corporation, is a major manufacturer and seller of trucks, farm and…