United States v. American Building Maintenance Industries

PETITIONER: United States
RESPONDENT: American Building Maintenance Industries
LOCATION: Plumbers and Steamfitters Local Union No. 100

DOCKET NO.: 73-1689
DECIDED BY: Burger Court (1972-1975)
LOWER COURT:

CITATION: 422 US 271 (1975)
ARGUED: Apr 22, 1975
DECIDED: Jun 24, 1975

ADVOCATES:
Bruce B. Wilson -
Marcus Mattson - for appellee

Facts of the case

Question

Media for United States v. American Building Maintenance Industries

Audio Transcription for Oral Argument - April 22, 1975 in United States v. American Building Maintenance Industries

Audio Transcription for Opinion Announcement - June 24, 1975 in United States v. American Building Maintenance Industries

Warren E. Burger:

The judgment and opinion of the Court in No. 73-1689, United States against American Building Maintenance Industries will be announced by Mr. Justice Stewart.

Potter Stewart:

In this case, we entertain an appeal from United States District Court for the Central District of California.

The Government commence this civil antitrust action in that court contending that the appellee, American Building Maintenance Industries, had violated Section 7 of the Clayton Act by acquiring the stock of the J.E. Benton Management Corporation and by merging the Benton Maintenance Company into one of its wholly owned subsidiaries.

Following discovery proceedings and the submission of memoranda and affidavits by both parties, the District Court granted the appellee's motion for summary judgment, holding that there had been no violation of Section 7 of the Clayton Act because neither of the Benton companies was engaged in interstate commerce.

The Government then brought this direct appeal here and we noted probable jurisdiction.

For the reasons set out on a written opinion of the Court, the judgement of the District Court is affirmed.

Mr. Justice White has filed an opinion concurring in the judgment and at all but -- but one part of the Court's opinion.

Mr. Justice Douglas has filed a dissenting opinion which Mr. Justice Brennan has joined and Mr. Justice Blackmun has also filed a dissenting opinion.

Warren E. Burger:

Thank you Mr. Justice Stewart.