Legal Opinion

Fred Engelhardt, D/B/A Engelhardt's Camera Store v. Bell & Howell Co., a Corporation

Court of Appeals for the Eighth Circuit

Decided January 30, 1964No. 17311_1PublishedCited by 87 opinions

1Opinion of the Court

VAN OOSTERHOUT, Circuit Judge.

This is an appeal by plaintiff from final judgment sustaining defendant’s motion for summary judgment upon the ground of res judicata and dismissing plaintiff’s claim for treble damages made under 15 U.S.C.A. § 15 based upon acts of defendant alleged to have been committed in violation of 15 U.S.C.A. § 1. The trial court’s well-considered opinion, setting out the facts and the reason for the dismissal, is reported at 214 F.Supp. 195.

This is the fourth action commenced by the plaintiff against the defendant based upon claimed anti-trust violations. Three prior…

2Cases cited20 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Lawlor v. National Screen Service Corp.Supreme Court of the United States · 1955
  3. Giboney v. Empire Storage & Ice Co.Supreme Court of the United States · 1949
  4. Durfee v. DukeSupreme Court of the United States · 1963
  5. Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927

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3Cited by87 opinions

  1. Woods Exploration & Producing Company, Inc. v. Aluminum Company of AmericaCourt of Appeals for the Fifth Circuit · 1971
  2. Joan Cherie Amadeo v. Principal Mutual Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 2002
  3. Overseas Motors, Inc. v. Import Motors Limited, Inc.District Court, E.D. Michigan · 1974
  4. Eugene A. CEMER, Plaintiff-Appellant, v. MARATHON OIL COMPANY, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1978
  5. Zipkin v. FreemanSupreme Court of Missouri · 1968

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