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PHILADELPHIA HOUS. AUTH. v. AMERICAN RADIATOR & ST

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


August 18, 1969

The Philadelphia Housing Authority et al.
v.
American Radiator & Standard Sanitary Corp. et al. ; Blake Construction Co., Inc. v. American Standard, Inc. et al. ; Michigan Avenue Motel Joint Venture et al. v. American Standard, Inc., et al.

Lord, Jr., Ch. J.

The opinion of the court was delivered by: LORD, JR.

Opinion Sur Defendants' Motion to Dismiss for Lack of Venue

LORD, Jr., Ch. J..

 Two of the above-captioned cases, Blake Construction Co., Inc. v. American Standard, Inc. and Michigan Avenue Motel Joint Venture v. American Standard, Inc. are before this Court pursuant to 28 U.S.C.A. § 1407 on the Orders of the Judicial Panel on Multidistrict Litigation of September 13, 1968 and February 26, 1969, respectively.

 To date, a total of 106 Civil Treble Damage actions alleging violations of the antitrust laws by defendants with respect to the manufacture and sale of plumbing fixtures have been transferred to this Court for coordinated or consolidated pretrial proceedings. There will be many more filed which will be transferred here.

 Included among the defendants in the two above-mentioned suits, both of which were instituted in the District of Columbia, are two so-called "Short Line Manufacturers" who manufacture the lowest price line of staple vitreous china plumbing fixtures, Kilgore Ceramics Corporation ("Kilgore") and Georgia Sanitary Pottery, Inc. ("Georgia Sanitary"). These two defendants have moved to dismiss these two above District of Columbia actions for lack of venue.

 Venue in private antitrust actions against corporate defendants is governed in part by the special venue provision of Section 12 of the Clayton Act, 15 U.S.C.A. § 22. Section 12 of the Clayton Act provides in part:

 

District in which to sue corporation

 

Any suit, action, or proceeding under the antitrust laws against a corporation may be brought not only in the judicial district whereof it is an inhabitant, but also in any district wherein it may be found or transacts business.

 It is conceded by plaintiffs that neither Georgia Sanitary nor Kilgore is an inhabitant of the District of Columbia; nor are they "found" in the district. It is submitted, however, by plaintiffs that both defendants transact business in the District of Columbia within the meaning of Section 12 of the Clayton Act. This allegation is based on the fact that (1) Georgia Sanitary's sales in the District of Columbia are as follows: 1965 $ 25.10 1966 2292.00 1967 3354.00 1968 5609.70 (Jan. 1-Aug. 31)

19690818

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