has discussed or decided a 2283 issue as it pertains to the antitrust laws.
Similarly, counsel have not called to my attention any legislative history in the Clayton Act which indicates whether Congress had given consideration in passing the Clayton Act as to the possibility of federal courts enjoining state courts by reason of the antitrust laws. In contrast, Justice Stewart's opinion, in Mitchum, is an authoritative analysis of the history of 1983 which established beyond dispute the congressional intent. As he said, speaking for the court, "the debate was not about whether the predecessor of § 1983 extended to actions of state courts, but whether this innovation was necessary or desirable."
Upon a review of the leading appellate cases cited as to the problems involved herein, I find, with due respect, that the holdings of the Court of Appeals are partially opaque. So, at this point I am not free from doubt as to whether 2283 precludes federal courts from enjoining state-court actions where there is a purported Clayton Act cause of action.
Certainly the cases such as Vernitron Corp. v. Benjamin, 2 Cir., 440 F.2d, 105, and Studebaker Corp. v. Gittlin, 2 Cir., 360 F.2d 692, are not holdings on the Clayton Act, but, rather, involve other federal statutes.
In Potter v. Carvel Stores of New York, 203 F. Supp. 462, the district court's opinion was a precise holding that 2283 precluded a federal court from enjoining a state court where the cause of action was the Clayton Act. However, the Court of Appeals' per-curiam opinion impliedly sanctions the district court's ruling when they state their affirmance is "for reasons stated" by the district court judge. Yet the Court of Appeals for the Fourth Circuit, 314 F.2d 45 may conceivably have been in doubt on the jurisdictional issue because they hastened to add "if he might have granted the injunction, denial of the motion was certainly within the range of the discretion lodged in him and is consistent with the principle of Kelly v. Kosuga, 358 U.S. 516, 79 S. Ct. 429, 3 L. Ed. 2d 475."
If the district court was so clearly accurate in its holding that there was no jurisdiction, it would appear to have been unnecessary for the Court of Appeals to have made an alternative holding as to the range of discretion of a district judge.
Reines Distributors, Inc. v. Admiral Corp., D.C., 182 F. Supp. 226, cited by counsel for the Blackhawks, was not affirmed by the Court of Appeals of the Second Circuit on the jurisdictional issue as to 2283, but, instead, the Court of Appeals reversed the district court for his grant of a motion for summary judgment and an award of damages. 319 F.2d, 609.
So, it does not appear from the cases cited that the Court of Appeals for the Second Circuit has decided or has had to decide whether 2283 precludes a federal court from issuing an injunction against a state court under the circumstances of this Clayton Act case.
Finally, Red Rock Cola Co. v. Red Rock Bottlers, 5 Cir., 195 F.2d 406, has some, if probably not more, of the ambiguity in Potter v. Carvel Stores of New York, for the Court of Appeals noted in Red Rock, supra, that:
"Assuming, for the sake of argument, but by no means deciding, that cases could arise in which a State Court proceeding could be properly considered to threaten 'a violation of the Anti-Trust Laws' so as to come within the last cited statute, 15 U.S. Code, 26, and that likewise instances might arise when a Federal Court injunction against such proceeding would be necessary in aid of the jurisdiction of the Federal Court within the terms of Section 2283, supra, we find no such situation presented by this record."