Legal Opinion

Baran v. Goodyear Tire & Rubber Co.

District Court, S.D. New York

Decided January 17, 1919PublishedCited by 5 opinions

At haw. Action by Harold P. Baran against the Goodyear Tire & Rubber Company and the Goodyear Tire & Rubber Company, Incorporated, of New York. On demurrer to the complaint.

1Opinion of the Court

AUGUSTUS N. HAND, District Judge.

The plaintiff has filed his complaint seeking to recover treble damages upon two causes of action (1) under the Sherman Act (Act July 2, 1890, c. 647, 26 Stat. 209 [Comp. St. §§ 8820-8823, 8827-8830]); and (2) under the Clayton Act (Act Oct. 15, 1914, c. 323, 38 Stat. 730). The defendants question the sufficiency of each cause of action by demurrer.

The material allegations in the first cause of action are that the first-named defendant is a large Ohio manufacturer of automobile tires and accessories, and the second defendant is engaged in selling these…

2Cases cited10 opinions

  1. Dr. Miles Medical Co. v. John D. Park & Sons Co.Supreme Court of the United States · 1911
  2. Virtue v. Creamery Package Manufacturing Co.Supreme Court of the United States · 1913
  3. Union Pacific Coal Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1909
  4. Great Atlantic & Pacific Tea Co. v. Cream of Wheat Co.Court of Appeals for the Second Circuit · 1915
  5. Whitwell v. Continental Tobacco Co.Court of Appeals for the Eighth Circuit · 1903

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

3Cited by5 opinions

  1. United States v. E. I. Du Pont De Nemours & Co.District Court, D. Delaware · 1953
  2. Lipson v. Socony-Vacuum CorporationCourt of Appeals for the First Circuit · 1935
  3. La Chappelle v. United Shoe Machinery Corp.District Court, D. Massachusetts · 1936
  4. United States v. HudnutDistrict Court, S.D. New York · 1925
  5. Oklahoma Portland Cement Co. v. StateSupreme Court of Oklahoma · 1922

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