The opinion of the court was delivered by: FOLLMER
The plaintiffs in this action are Adolph Hohensee, Mildred Hohensee, Richard Roe No. 1, Richard Roe No. 2, Richard Roe No. 3, and Richard Roe No. 4. The defendants are listed as follows: The Goon Squad, its officers and members, John Doe No. 1 through No. 4; Norman S. Hommel; John W. Murphy; Robert T. Zimmerman; John C. Taylor; Herbert A. Cox; O. G. Blackwell; Max Barnhouse; John W. Wilson; Leon Witkin; Leonard Tunis; Jesse Woolfolk; L. Troy Jacobs; John Shields; Basil J. Carabella; Harry J. Shaffer; Albert L. Watson; Stephen A. Teller; J. Julius Levy; George Clark; Robert Hourigan; Joseph J. Gercke; Scranton Times; J. A. Purcell; Marilyn Ferguson; J. Alex Zehner; Hearst Publications Co., Inc.; New York News Syndicate Co., Inc.; John J. Kane; John W. Walker; Howard B. Stewart; William N. Nicols; Nathaniel K. Beck; G. H. Rhorer; Gilbert Cloonan; Donald A. Surine; John M. Siemien; Ross Geise; S. Walker; James V. Bennett; American Medical Association, its officers and members, John Doe No. 5 through No. 8; Allegheny County Medical Society, its officers and members, John Doe No. 9 through No. 12; Affiliated Better Business Bureau, Inc., its officers and members, John Doe No. 13 through No. 16; Better Business Bureau of Pittsburgh, Inc., its officers and members, John Doe No. 17 through No. 20; Board of Managers of the Allegheny Soldiers and Sailors Memorial Hall of Pittsburgh, Pa., its officers and members, John Doe No. 21 through No. 24; John Doe No. 25 to John Doe No. 975. There is no indication in the complaint of the residence of any of the plaintiffs or any of the defendants.
The complaint alleges that the action is brought under the antitrust laws of the United States and in it the plaintiffs seek treble damages in the sum of Ten Million Dollars and injunctive relief.
Plaintiffs allege that at all times mentioned in the complaint they were engaged in interstate commerce in the following businesses: lecturing; public relations; selling of food products; selling of other products; publishing, writing and distributing books, periodicals and other publications; other businesses. Plaintiffs further allege that during the period therein, to wit: beginning July 31, 1957 to and including June 14, 1958, defendants conducted a conspiracy against plaintiffs in restraint of trade and commerce between the several states, consisting of the following overt and unlawful acts:
c. Destruction of personal property.
d. Confiscation of personal property.
e. Unlawful search and seizure.
f. Ransacking of premises.
j. Obstruction of justice.
l. Caused manufacturers to not supply items.
m. Caused the forced sale of real and personal property.
n. Other unlawful overt acts.
o. Destruction of businesses.
Plaintiffs claim that as the result of the alleged conspiracy they were injured in the destruction of lecture business, destruction of product sale business, destruction of health, loss of freedom and liberty, other losses and injuries.
The Marshal's return indicates that service of Summons and Complaint was made on the following: Norman S. Hommel, Custodial Force, Robert T. Zimmerman, Custodial Force, John C. Taylor, Warden United States Penitentiary at Lewisburg, Pa., Leon Witkin, Chief Medical Officer, and L. Troy Jacobs, Senior Technical Assistant, John W. Murphy and The Scranton Times.
There is presently before the Court
1. Motion of plaintiffs to transfer the case to the United States District Court for the Eastern District of Pennsylvania.
2. Motion of defendants, Norman S. Hommel, Robert T. Zimmerman, John C. Taylor, and L. Troy Jacobs, ...