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U.S. Supreme Court

United States v. Employing Plasterers Assn., 347 U.S. 186 (1954)

United States v. Employing Plasterers Association of Chicago

No. 440

Argued February 3, 1954

Decided March 8, 1954

347 U.S. 186


The United States brought a civil action in a Federal District Court charging a violation of § 1 of the Sherman Act by a Chicago trade association of plastering contractors, a local labor union of plasterers, and the union's president. The complaint alleged a combination and conspiracy to restrain competition among Chicago plastering contractors, and charged that the effect was to restrain interstate commerce.

Held: the complaint stated a cause of action on which relief could be granted on proper proof. Pp. 347 U. S. 187-190.

(a) The contention that the Sherman Act was inapplicable here because the interstate buying, selling and movement of plastering materials had ended before the local restraints became effective, cannot be sustained. P. 347 U. S. 189.

(b) Wholly local business restraints can produce effects condemned by the Sherman Act. P. 347 U. S. 189.

(c) Where a complaint filed by the Government under the Sherman Act charges every element necessary to relief, a defendant who desires more evidential facts may call for them under Rule 12(e) of the Federal Rules of Civil Procedure, and if the Government's claim is frivolous, a full-dress trial can be avoided by invoking the summary judgment procedure under Rule 56. P. 347 U. S. 189.

(d) Section 20 of the Clayton Act does not render a labor union immune from prosecution for violation of the Sherman Act upon a charge that the union and its president have combined with business contractors to suppress competition among them. P. 347 U. S. 190.

118 F.Supp. 387 reversed. chanroblesvirtualawlibrary

Page 347 U. S. 187

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