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TRIANGLE INDUS. v. KENNECOTT COPPER CORP.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


March 18, 1971

Triangle Industries, Inc., et al., Plaintiffs
v.
Kennecott Copper Corp., et al., Defendants, Reading Industries, Inc., et al., Plaintiffs v. Kennecott Copper Corp., et al., Defendants

Davis, J.

The opinion of the court was delivered by: DAVIS

Opinion and Order

DAVIS, J.

 Presently before the Court are the motions of all defendants in above captioned cases to transfer this action to the United States District Court for the Southern District of New York, pursuant to 28 U.S.C. § 1404(a).

 Both cases are antitrust actions alleging violations of the Sherman, Clayton and Robinson-Patman Acts. Count 1 charges that the defendant copper producers have conspired to increase the price of copper sold to independent fabricators like the plaintiffs. It also charges that during the same period the defendant fabricators have conspired to hold down the price of fabricated copper products. The alleged purpose and effect of these actions have been to squeeze the profit margins of independent fabricators such as the plaintiffs. Count II asserts that the defendants' acquisition of their fabricating facilities, through which the price squeeze was effectuated, was in violation of Section 7 of the Clayton Act. Count III alleges that defendants have violated the Robinson-Patman Act by discriminating in price between purchasers of their copper fabricated products, injuring competition between defendants and plaintiffs. Plaintiffs seek treble damages and injunctive relief including divestiture by defendants of their copper fabricating facilities.

 Title 28 U.S.C. § 1404(a) provides:

 

For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.

  Thus, the first criterion set forth in the statute is "the convenience of parties and witnesses." An analysis of the parties in the case, their headquarters and their principal places of business reveals the following: Plaintiffs HDeadquarters and Principal Places of Business Triangle Industries, Inc. Newark, N.J. Triangle Conduit & Cable Co., Inc. New Brunswick, N.J. The Plastic Wire & Cable Corporation Jewett City, Conn. Reading Industries, Inc. Fort Lee, N.J. n1 Reading-Tin Manufacturing Co., Inc. Fort Lee, N.J. n1 Reading Metals Refining Corporation Fort Lee, N.J. n1

19710318

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