United States v. Employing Plasterers Association of Chicago et al. (347 U.S. 186)
U.S. Supreme Court · decided March 8, 1954 · Supreme Court Database (Spaeth)
- Citation
- 347 U.S. 186 · 74 S. Ct. 452
- Decided
- March 8, 1954
- Term
- October Term 1953
- Vote
- 7–2
- Majority author
- Justice Black
- Issue area
- Unions
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
Opinion excerpt
Mb. Justice Black delivered the opinion of the Court. The United States brought this civil action in a Federal District Court charging the defendants (appellees here) with having violated § 1 of the Sherman Act which forbids combinations or conspiracies in restraint of interstate trade or commerce. Holding that the complaint failed to state a cause of action on which relief could be granted under the Act, the District Court dismissed. The case is before us on direct appeal, 15 U. S. C. § 29, and the only question we must decide is whether the District Court’s dismissal was error. We hold it was. In summary the Government’s complaint alleges: Defendants are (1) a Chicago trade association of plastering contractors; (2) a local labor union of plasterers and their apprentices; (3) the union’s president. These contractors and union members employed by them do approximately 60% of the plastering contracting business in the Chicago area of Illinois. Materials used in the plastering, such as gypsum, lath, cement, lime, etc., are furnished by the contractors. Substantial quantities of this material are produced in other states, bought by Illinois building materials dealers and shipped into Illinois, sometimes going directly to the place of business of the dealers and sometimes directly to job sites for use by the plastering contractors under arrangements with the dealers. The…
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