This section contains the nature of the case and procedural background.

D organized a convention boycott against all states that had not ratified the proposed Equal Rights Amendment (ERA). The impact on P was such that the Missouri motels and restaurants catering to the convention trade, and the Missouri economy as a whole, were suffering revenue losses. P sued and asked for injunctive relief against D's activities under section 16 of the Clayton Act, which the district court denied. The court found, primarily on the basis that D's activities were political and thus not within the scope of the Sherman Act, that D had not violated section 1 of the Sherman Act. P appealed.

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