Court of Appeals for the Ninth Circuit October 23, 1974, 72-1936 (Marine Firemen's Union, and Others Similarly Situated v. Owens-Corning Fiberglass Corporation)

OPINION

Before MERRILL and ELY, Circuit Judges, and EAST,

*

Senior District Judge.

EAST, Senior District Judge:

THE CASE

Marine Firemen’s Union (Marine) instituted this private class antitrust action under §§ 4-16 of the Clayton Act [15 U.S.C. §§ 15-26] on February 18, 1970, alleging in its complaint that the appellees combined and conspired to violate § 1 of the Sherman Act [15 U.S.C.