U.S. Supreme Court Radiant Burners, Inc. v. Peoples Gas Co., 364 U.S. 656 (1961) Radiant Burners, Inc. v. Peoples Gas Light & Coke Co., No. 73 Argued December 7, 1960 Decided January 16, 1961 364 U.S. 656 Syllabus Under § 4 of the Clayton Act, a manufacturer of gas heaters brought a suit for treble damages against a trade association and ten of its members which are pipeline companies, gas distributors and manufacturers of gas burners, claiming that the defendants had combined and conspired to restrain interstate commerce in the manufacture and sale of gas burners in violation of § 1 of the Sherman Act. It alleged that: the association tests burners and issues a seal of approval for those which pass its tests; such tests are not objective, but are influenced by some of the defendants which are in competition with plaintiff; the association has improperly refused to approve plaintiff's gas burners; two of the defendants which are gas distributors refuse to provide gas for use in plaintiff's burners; and plaintiff's gas burners have thus been effectively excluded from the market. Held: it was error for the District Court to dismiss the complaint for failure to state a claim upon which relief could be granted. Klor's, Inc. v. Broadway-Hale Stores, 359 U. S. 207. Pp. 364 U. S. 657-660. 273 F.2d 196 reversed. Page 364 U. S. 657

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Under § 4 of the Clayton Act, a manufacturer of gas heaters brought a suit for treble damages against a trade association and ten of its members which are pipeline companies, gas distributors and manufacturers of gas burners, claiming that the defendants had combined and conspired to restrain interstate commerce in the manufacture and sale of gas burners in violation of § 1 of the Sherman Act. It alleged that: the association tests burners and issues a seal of approval for those which pass its tests; such tests are not objective, but are influenced by some of the defendants which are in competition with plaintiff; the association has improperly refused to approve plaintiff's gas burners; two of the defendants which are gas distributors refuse to provide gas for use in plaintiff's burners; and plaintiff's gas burners have thus been effectively excluded from the market.

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U.S. Supreme Court Radiant Burners, Inc. v. Peoples Gas Co., 364 U.S. 656 (1961) Radiant Burners, Inc. v. Peoples Gas Light & Coke Co., No. 73 Argued December 7, 1960 Decided January 16, 1961 364 U.S. 656 Syllabus Under § 4 of the Clayton Act, a manufacturer of gas heaters brought a suit for treble damages against a trade association and ten of its members which are pipeline companies, gas distributors and manufacturers of gas burners, claiming that the defendants had combined and conspired to restrain interstate commerce in the manufacture and sale of gas burners in violation of § 1 of the Sherman Act. It alleged that: the association tests burners and issues a seal of approval for those which pass its tests; such tests are not objective, but are influenced by some of the defendants which are in competition with plaintiff; the association has improperly refused to approve plaintiff's gas burners; two of the defendants which are gas distributors refuse to provide gas for use in plaintiff's burners; and plaintiff's gas burners have thus been effectively excluded from the market. Held: it was error for the District Court to dismiss the complaint for failure to state a claim upon which relief could be granted. Klor's, Inc. v. Broadway-Hale Stores, 359 U. S. 207. Pp. 364 U. S. 657-660. 273 F.2d 196 reversed. Page 364 U. S. 657

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Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

Held: it was error for the District Court to dismiss the complaint for failure to state a claim upon which relief could be granted. Klor's, Inc. v. Broadway-Hale Stores, 359 U. S. 207. Pp. 364 U. S. 657-660.

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Especially made for testing all reduced pressure zone backflow prevention devices. Enables accurate testing of "zone" and relief valve opening differential, fouled check valves, or similar problems that visual inspections cannot locate. Maximum pressure is 175 psi.

Especially made for testing all reduced pressure zone backflow prevention devices. Enables accurate testing of "zone" and relief valve opening differential, fouled check valves, or similar problems that visual inspections cannot locate. Maximum pressure is 175 psi.

The Snow Melt Model operates by affecting rainfall before it reaches the runoff surfaces. When temperature falls below the dividing temperature between snow ...