Third Circuit -- Animal Science Prod Inc v. China Minmetals Materials Imports

Animal Science Prod Inc v. China Minmetals Materials Imports

District Court's Sherman Act jurisdiction over foreign mineral price-fixing is a question for merits, not a matter to be decided under subject matter jurisdiction.  12(b)(6), not 12(b)(1)  (this shifts the presumptions and reduces the court's ability to go all sua sponte on the question).