ELR Citation: ELR 20183
No(s). 45 Orig (U.S. Apr 24, 1972)

The plaintiffs, 18 states, seek to have the Supreme Court hear an antitrust case against the major automobile manufacturers under the Court's original jurisdiction. The complaint charges a conspiracy to retard development of pollution control devices for automobiles. The Supreme Court has discretion whether it should hear cases under its original jurisdiction, and its discretion must be exercised to protect the appellate function of the Court. In this case, the federal district court can provide an adequate alternative forum; moreover, the field of air pollution control is a patchwork of partial federal preemption and partial state control. The differences in applicable law and the varying remedies that are suitable for different geographical situations all recommend that these cases be heard in appropriate federal district courts. Motion for leave to file a complaint denied.

Counsel for Plaintiffs
Frederick C. Tausend
Doolittle, Krug & Tausend
657 Colman Building
Seattle, WA 98104

William Tucker
Assistant Atty General of Colorado
104 State Capitol
Denver, CO 80203

Robert Atkins
Asst Atty General of Illinois
188 West Randolph Street
Chicago, IL 60601

Counsel for Defendants
Lloyd N. Cutler
Wilmer, Culter & Pickering
900 17th Street NW
Washington, DC 20006

G. William Shea
McCutchen, Black, Verleger & Shea
615 South Flower Street
Los Angeles, CA 90017

Ross L. Malone
General Motors Building
Detroit, MI 48202

MR. JUSTICE POWELL took no part in the consideration or decision of these motions.