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Radiant Burners, Inc. v. Peoples Gas Co., 364 U.S. 656 (1961)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Radiant Burners, Inc. v. Peoples Gas Co., 364 U.S. 656 (1961)
Radiant Burners, Inc. v. Peoples Gas Light & Coke Co., No. 73 Argued December 7, 1960 Decided January 16, 1961 364 U.S. 656
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
Syllabus
Under § 4 of the Clayton Act, a manufacturer of gas heaters brought a suit for treble damages against a trade association and ten of its members which are pipeline companies, gas distributors and manufacturers of gas burners, claiming that the defendants had combined and conspired to restrain interstate commerce in the manufacture and sale of gas burners in violation of § 1 of the Sherman Act. It alleged that: the association tests burners and issues a seal of approval for those which pass its tests; such tests are not objective, but are influenced by some of the defendants which are in competition with plaintiff; the association has improperly refused to approve plaintiff’s gas burners; two of the defendants which are gas distributors refuse to provide gas for use in plaintiff’s burners; and plaintiff’s gas burners have thus been effectively excluded from the market.
Held: it was error for the District Court to dismiss the complaint for failure to state a claim upon which relief could be granted. Klor’s, Inc. v. Broadway-Hale Stores, 359 U.S. 207. Pp. 657-660.
273 F.2d 196 reversed.
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Chicago: U.S. Supreme Court, "Syllabus," Radiant Burners, Inc. v. Peoples Gas Co., 364 U.S. 656 (1961) in 364 U.S. 656 364 U.S. 657. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=42SWMVB7H7KUKAX.
MLA: U.S. Supreme Court. "Syllabus." Radiant Burners, Inc. v. Peoples Gas Co., 364 U.S. 656 (1961), in 364 U.S. 656, page 364 U.S. 657. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=42SWMVB7H7KUKAX.
Harvard: U.S. Supreme Court, 'Syllabus' in Radiant Burners, Inc. v. Peoples Gas Co., 364 U.S. 656 (1961). cited in 1961, 364 U.S. 656, pp.364 U.S. 657. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=42SWMVB7H7KUKAX.
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