Page:Oliver v. Saint Germain Foundation.pdf/1

 U.S., at page 996 of 60 S.Ct., 84 L.Ed. 1311, 128 A.L.R. 1044, the court said: “Restraints on competition or on the course of trade in the merchandising of articles moving in interstate commerce is not enough, unless the restraint is shown to have or is intended to have an effect upon prices in the market or otherwise to deprive purchasers or consumers of the advantages which they derive from free competition.”

Reading the bill as a whole, there are no facts alleged which would bring the activities of the defendants within the prohibitions of the antitrust laws. The injury complained of is a private wrong which we assume is remedial in some other court.

Since the only basis alleged for the jurisdiction of this court is a violation of the antitrust laws, and in view of the foregoing, the defendants’ motion must be allowed, and the action dismissed for want of jurisdiction.

Joseph Lewis, of Los Angeles, Cal., for plaintiffs.

W. I. Gilbert, of Los Angeles, Cal., for defendants.

DAWKINS, District Judge.

Plaintiffs, under the trade name of Borden Publishing Company, charge that defendant corporation and certain individuals have plagiarized and infringed the copyright of the book entitled “A Dweller on Two Planets”, the property of complainants. They pray for injunction, a decree sustaining the copyright and its infringement by defendants, for an accounting of profits, for damages, and the impounding of all copies of the offending book to be finally destroyed.

For defense, defendants made a general denial, coupled with pleas of limitation under state statutes and laches in equity. Thereafter, they moved a dismissal and plaintiffs, in turn, asked for summary