SUPREME COURT OF THE UNITED STATES
316 U.S. 159
GEORGIA v. EVANS et al.
No. 872. Argued April 14, 1942 -- Decided April 27, 1942
CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT.
CERTIORARI, 315 U.S. 792, to review the affirmance of a judgment dismissing an action for treble damages under § 7 of the Sherman Act.
A State is a "person" within the meaning of § 7 of the Sherman Act and entitled thereby to sue for treble damages when, as a purchaser of asphalt, it is injured by a combination suppressing competition and fixing prices of that commodity in interstate commerce. United States v. Cooper Corp., 312 U.S. 600, distinguished. P. 162.
123 F.2d 57, reversed.
MR. JUSTICE FRANKFURTER delivered the opinion of the Court.