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RADIANT BURNERS v. PEOPLES GAS CO.

No. 73.

364 U.S. 656 (1961)

81 S.Ct. 365

5 L.Ed.2d 358

RADIANT BURNERS, INC. v. PEOPLES GAS LIGHT & COKE CO. ET AL.

Supreme Court of United States.

Decided January 16, 1961.

Attorney(s) appearing for the Case

Richard F. Levy argued the cause for petitioner. With him on the brief were Joseph Keig, Sr. and John O'C. FitzGerald.

Horace R. Lamb argued the cause and filed a brief for the American Gas Association, Inc., respondent. With him on the brief in opposition to the petition for writ of certiorari was Adrian C. Leiby. Clarence H. Ross argued the cause for Peoples Gas Light & Coke Co. et al., respondents. With him on the brief were Harold A. Smith, Arthur D. Welton, Jr., Justin A. Stanley, Robert W. Murphy and Burton Y. Weitzenfeld.

Charles H. Weston argued the cause for the United States, as amicus curiae, urging reversal. On the brief were Solicitor General Rankin, Assistant Attorney General Bicks and Richard A. Solomon.

Thomas C. McConnell and Lee A. Freeman filed a brief for the Parmelee Transportation Co., as amicus curiae, urging reversal.

PER CURIAM.

The question here is whether petitioner's complaint stated a claim upon which relief could be granted. Petitioner is engaged at Lombard, Illinois, in the manufacture and sale in interstate commerce of a ceramic gas burner, known as the "Radiant Burner," for the heating of houses and other buildings. Claiming that American Gas Association, Inc. (AGA), a membership corporation doing business in the Northern District of Illinois and in other States, and 10...

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