Supreme Court of the United States, 1954

United States v. Employing Lathers Assn. of Chicago

Supreme Court of the United States · Decided March 8, 1954 · Black, Minton, Douglas

347 U.S. 198; 74 S. Ct. 455; 98 L. Ed. 2d 627; 1954 U.S. LEXIS 2678; 98 L. Ed. 627; 33 L.R.R.M. (BNA) 2561; 1954 Trade Cas. (CCH) 67,693 (United States Reports)

Counsel

Charles H. Weston argued the cause for the United States. With him on the brief were Acting Solicitor General Stern, Assistant Attorney General Barnes and Marvin E. Frankel., Leo F. Tierney argued the cause for the Employing Lathers Association of Chicago and Vicinity et al., appel-lees. With him on the brief was Charles L. Stewart, Jr., Lester Asher, Nathan M. Cohen and Robert S. Fiffer submitted on brief for Local No. 74 of the Wood, Wire and Metal Lathers International Union of Chicago, Illinois and Vicinity, appellee.

Cases that cite this one

14 later published cases cite this decision.

Evanston Cab Co., Skokie Red Top Cab Co., and Lincolnwood Red Top Cab Co., Illinois Corporations v. City of Chicago, a Municipal Corporation (7th Cir. 1963)
Gilmour v. Wood, Wire & Metal Lathers International Union, Local No. 74 (District Court, N.D. Illinois 1963)
Richard C. Darnell, T/a Abbey Personnel Counselors v. Emmett H. Markwood, Katherine B. Markwood, Leo M. Bernstein & Co., and Clara B. Sennett (D.C. Cir. 1954)
Diversified Brokerage Services, Inc. v. The Greater Des Moines Board of Realtors (8th Cir. 1975)
United States v. New Orleans Chapter, Associated General Contractors of America, Inc. (United States District Court Eastern District of Louisiana 1965)
Local 175 of the International Brotherhood of Electrical Workers and Earl W. Burnette v. United States (6th Cir. 1955)
Westlab Inc. v. Freedomland, Inc. (District Court, S.D. New York 1961)
No. 12653 (7th Cir. 1960)
United States v. Fish Smokers Trade Council, Inc. (District Court, S.D. New York 1960)
Jewel Tea Co. v. Local Unions Nos. 189, 262, 320, 546, 547, 571 and 638 (7th Cir. 1960)
Professional & Business Men's Life Insurance v. Bankers Life Co. (District Court, D. Montana 1958)
Julius Nagler v. Admiral Corporation (2d Cir. 1957)
United States v. Employing Lathers Ass'n of Chicago and Vicinity United States v. Employing Plasterers Ass'n of Chicago and Vicinity (7th Cir. 1954)
Pressure Vessels of Puerto Rico, Inc. v. Empire Gas (Supreme Court of Puerto Rico 1994)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Mr. Justice Black

delivered the opinion of the Court.

This civil action was brought by the Government in a Federal District Court of Illinois against appellees, a trade association of Chicago lathing contractors, two of *199 its member contractors, and a local labor union composed of lathers. The complaint charged a violation of § 1 of the Sherman Act which forbids combinations or conspiracies in restraint of trade or commerce among the states. 15 U. S. C. § 1. * The District Court dismissed the complaint on the ground that it failed to state a cause of action on which relief could be granted. At the same time and for the same reason it dismissed a similar complaint charging a Chicago plasterers’ association and a local plasterers’ union with violating § 1 of the Sherman Act. Both cases were brought here on direct appeal by the Government under authority of 15 U. S. C. § 29. We have just reversed the District Court’s dismissal of the complaint against the plastering group, United States v. Employing Plasterers Assn. of Chicago, ante, p. 186. Despite some differences in the two complaints, the reasons for reversing the plasterers’ case are equally applicable here.

This complaint shows:

A substantial quantity of lathing material used on Chicago jobs is produced in states other than Illinois, sold by the producers to Chicago building material dealers, shipped interstate either to the Chicago dealers or to their plastering contractor customers, and finally delivered by the plastering contractor to his lathing contractor for use on local building jobs. The alleged conspiracy here is among these lathing contractors and the union whose members do the actual lathing. This combination, according to the complaint, has achieved almost complete mastery over the lathing business in the Chicago area. It limits the number of lathing contractors, prescribes their qualifications, decides who meets the standards *200 prescribed, excludes persons from the business on varied grounds, including arbitrary racial standards, and assigns plastering contractors to each lathing contractor. All of these allegations and more show a substantial suppression of competition in the lathing business.

The complaint charges that an effect of the alleged combination and conspiracy has been that “[interstate trade and commerce in lathing and related building materials has been unlawfully restrained.” Other allegations emphasize this charge by asserting that any restraint upon lathing work in Chicago “necessarily and directly restrains and affects the interstate flow of lathing materials, and . . . building materials . . . .”

The complaint does state a cause of action on which relief can be granted on proper proof.

Reversed.

[For dissenting opinion of Mr. Justice Minton, joined by Mr. Justice Douglas, see ante, p. 190.]

The Government complaint also charged a violation of § 2 of the Sherman Act but that claim is not pressed here.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.