[Download] "Scroggins v. Air Cargo Inc." by United States Court of Appeals for the Fifth Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Scroggins v. Air Cargo Inc.
• Author : United States Court of Appeals for the Fifth Circuit
• Release Date : January 08, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

TJOFLAT, Circuit Judge: The three counts of the complaint in this case alleged respectively (1) a conspiracy in restraint of trade, in violation of Title 15, United States Code, Section 1, (2) monopolization and attempt to monopolize, in violation of Title 15, United States Code, Section 2, and (3) tortious interference with a contract under Georgia law. Jurisdiction over the two antitrust counts was based upon Title 15, United States Code, Section 15, and Title 28, United States Code, Section 1337. The district court took cognizance of the state law claim because of pendent jurisdiction and also because of complete diversity of citizenship. After considering the facts in the record, most of which were stipulated, the court granted summary judgment for defendants. In the court's view, the alleged conduct was immunized from antitrust liability because it fell within an area which the Civil Aeronautics Board (CAB) was regulating pursuant to the Federal Aviation Act (FAA), Title 49, United States Code, Section 1301 et seq. As to the state law claim, the trial court felt that the parties' contract had explicitly authorized the actions complained of. Final judgment was entered in favor of defendants on December 31, 1974, and plaintiff appealed both this disposition of the lawsuit and an earlier order limiting discovery. On February 12, 1975, the court overruled plaintiff's objections to the bill of costs; and, thereafter, plaintiff amended his Notice of Appeal to include that ruling as a third basis for appeal. We affirm in all respects.

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