Legal Opinion

Bailey's Bakery, Ltd. v. Continental Baking Company

District Court, D. Hawaii

Decided September 21, 1964No. Civ. 2113PublishedCited by 36 opinions

1Opinion of the Court

PENCE, Chief Judge.

This is the second round of this civil antitrust suit. In the first round, this court dismissed the complaint as not pleading facts sufficient to state a cause of action, but granted plaintiff leave to amend. Plaintiff’s Second Amended Complaint was countered with defendants’ motion to dismiss for failure to state a claim upon which relief can be granted, and an alternate motion to strike the complaint in its entirety. This court was sorely tempted to grant the motion to strike on the ground that the complaint was too long — 78 pages — and so full of immaterial facts and…

2Cases cited56 opinions

  1. United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
  2. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  3. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  4. Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
  5. Land v. DollarSupreme Court of the United States · 1947

51 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Overseas Motors, Inc. v. Import Motors Limited, Inc.District Court, E.D. Michigan · 1974
  2. Louis E. Dailey, Jr. v. The Quality School Plan, Inc.Court of Appeals for the Fifth Circuit · 1967
  3. Nbo Industries Treadway Companies, Inc. v. Brunswick Corporation, in Nos. 74-2127, 75-1152 Appeal of Pueblo Bowl-O-Mat, Inc., in No. 74-2128Court of Appeals for the Third Circuit · 1975
  4. Callman Gottesman, Maria Mattiello, and Paul J. Peyser v. General Motors Corporation and E. I. Du Pont De Nemours & Company,defendants-AppelleesCourt of Appeals for the Second Circuit · 1969
  5. Kerry M. Gough, Trustee in Bankruptcy of Louis Rosen, Dba Walnut Creek Furniture v. Rossmoor CorporationCourt of Appeals for the Ninth Circuit · 1973

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