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“a8 y ‘ ‘ t Al f Q) KR ae OCLUHER LAMM, iL JACK @ hes Ck } Srevaat,J,, concurring in judgment 4S, 4 nonetheless remand this case to te District Court for trial, The complaint contains, allazstions that the peti- tloners have: Q |, greed jointly to finance: and to carry out and publicize a consistent, systematic and uninterrupted program of opposing ‘with or without probable cause and regardless of the merits’ every application, with insignificant exceptions, for additional operating rights or for the registration or transfer of operating rights, before the California PUC, the ICC, and the courts on appeal, eo 2. Carried out such agreement (a) by appearing 4g protestants in all proceedings instituted by plain- tifs and others in like position’ or by instituting complaints in opposition to applications or transfers or registrations; (b) by establishing a trust fund to finance the foregoing, consisting of contributions . monthly in amounts proportionate to each defend- “Under these allegations, liberally construed, the re : spondents are entitled to prove that the real intent of the ants annual gross income; (¢) by publicizing and making known to plaintiffs and others in like posi- tion the foregoing program, conspirators was not to invoke the processes of the ad- ininistrative agencies and courts, but to discourage and ultimately to prevent the respondents from invoking those processes. Such an intent would make the con- spiracy ‘an attempt to interfere directly with the busi- ness relationships of 4 competitor and the application of the Sherman Act would be justified.” Eastern Rail road Conference vy, Voerr Motor Freight, 365 U. S,, at 14, y « Tt isonly on this basis that I concur in the judyment * of the Court, \ soya \ ? wit wt a we ¥ wen ah . et Wee oft, oeey * ve uo “ . ‘a? ee en) yee God EA) § 65, A Pér Cs Avera iy Why rigm HAINES v. KERNER et At, CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR TRE SEVENTH CIRCUIT No, 1-025. Argued Deveroer 4, 19'1—Decided January 13, 1972 Prisoner's: 2+9 se complint wwix.ag to recover damages for claimed physical ssiynes and deprivansea of rights in impasing dis conbneraentstould oot have ben dsmused without affording him the opportunity to presest evidence on his claims, 27 F, 24 11, revered and remanded Dara Stanley A. Boss, by appointment of the Court, 401 iy oa ‘ou - ot ae; ‘ U. §. 1008, argued the cause for petitioner, With hind on the briefs were Jack Greenberg, James M. Nabrit III, William B. Turner, Alice Daniel, and Maz Stern, "mois, argued the cause for respondents pro hac vice, we Seni "With him on the brief were William J. Scott, Attorney a sie. Cleneral, Joel ML. Flaum, Fist Assistant Attorney Gen- eral, and James B, Zagel, Morton £. Friedman, and ; fae Jayne! A. Corr, Assistant Attorneys General, ‘ i sigs + Briefs of amioi curiae were fled by Charles H, Baron for Boston’ College Center for Corrections and the Law, and by Julisn Tepper and Marshall J. Hartman for “". the National Law Offie of the National Legal Aid and Defender Assn, Per CuRiast Petitioner, an inmate at the Illinois State Penitentiary, Menard, Illinois, commenced this action against the Gov- ernor of I'linois and other state officers and prison officials under the Civil Rights Actof 1871, 17 Stat. 18, 42 U. $C. $1083, and 28 U. 8. C. $1343 (3), seeking to recover _ amages for claimed injuries and deprivation of rights | While incarcerated under a judgment not challenged here. ~ * Warren K. Smoot, Assistant Attorney General of Ili- ry EXHIB! tS =