Messrs. Maxwell V. Beghtol, of Lincoln, Neb., and Slaymaker, Merrell & Locke, of Indianapolis, Ind., for petitioners.
Messrs. U. S. Lesh, of Indianapolis, Ind., and Eben Lesh, of Huntington, Ind., for respondent. [299 U.S. 156, 157]
Respondent brought this action against petitioners for damages caused by alleged violation of the Sherman Anti-Trust Act, 15 U.S.C.A. 1-7, 15 note. On the first trial, the court directed a verdict in petitioners' favor and entered judgment accordingly which the Circuit Court of Appeals affirmed. 70 F.(2d) 3. We reversed the judgment and directed a new trial. 293 U.S. 268 , 55 S.Ct. 182. That trial resulted in a verdict against petitioners, and the judgment thereon was affirmed by the Circuit Court of Appeals. 82 F. (2d) 704, 705. In view of petitioners' contention that the circuit Court of Appeals had misapplied our former opinion, we granted certiorari, October 12, 1936, 299 U.S. 524 , 57 S.Ct. 14, 81 L.Ed . --.
In its opinion the Circuit Court of Appeals stated that the evidence on the former trial 'differed little in essential respects' from that in the present record. The court then gave the grounds of its decision as follows:
We are unable to escape the conclusion that in holding the evidence sufficient to sustain a verdict for respondent upon the issue of unlawful restraint or practices and consequent injury to respondent, the Circuit Court of Appeals felt itself controlled by our decision. That was a misinterpretation. We expressed no opinion upon that question. On the contrary, after dealing with the question of interstate commerce and holding that it was not necessary that the restraint or monopoly should affect all the business of the kind throughout the country, but might relate to the part of it carried on in a particular section, we said: 'We intimate no opinion whether, upon the question of restraint or monopoly or upon the question of injury to petitioner (respondent here) or its business, the evidence is sufficient to warrant a verdict in its favor.' 293 U.S. 268 , at page 281, 55 S.Ct. 182, 186. [299 U.S. 156, 159] That question, as raised by the present record, should have been determined by the Circuit Court of Appeals upon a consideration of the evidence adduced, untrammeled by any supposed expression upon that point by this Court.
The judgment is reversed, and the cause is remanded to the Circuit Court of Appeals for further proceedings in conformity with this opinion.
Mr. Justice STONE took no part in the consideration or decision of this case.