In this antitrust action, brought under the Clayton Act, 15 U.S.C.A. § 15, the defendant publishers, Campbell & Hall, Inc. (hereinafter C. & H.) and Henry Z. Walck, Inc. (hereinafter Walck) have moved to dismiss for improper venue.
Walck has also moved to quash service of process, the validity of which necessarily depends upon a finding of proper venue.
Both defendants contend that they do not so engage in the "* * * practical, everyday business or commercial concept of doing or carrying on business 'of any substantial character' * * *", in the Eastern District of Pennsylvania as to come within § 12 of the Clayton Act.
United States v. Scophony Corp., 333 U.S. 795, 807, 92 L. Ed. 1091, 68 S. Ct. 855 (1947).
C. & H. is a Massachusetts publishing corporation with offices in Boston, Massachusetts. It has never been licensed to do business in Pennsylvania and maintains no office, real estate, telephone listing, representative or agent in the Eastern District of Pennsylvania. Its method of doing business is by solicitation of orders by telephone and by mail order catalogs and promotional materials forwarded to public libraries and schools within the Eastern District. Orders received are processed in Massachusetts and shipped in interstate commerce to purchasers in the Eastern District.
In the years shown, C. & H. made sales and deliveries in the Eastern, Middle and Western Districts of Pennsylvania in the following amounts:
District 1963 1964 1965 1966
Eastern $246,252 $211,146 $218,871 $135,650.
Western 224,418 268,615 268,727 177,665
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