Legal Opinion

Hylton Harman, Trustee of the Coffeyville Loan and Investment Company, Inc. v. The Valley National Bank of Arizona

Court of Appeals for the Ninth Circuit

Decided December 17, 1964No. 19310PublishedCited by 62 opinions

1Opinion of the Court

BROWNING, Circuit Judge.

Appellant’s complaint under section 4 of the Clayton Act, 15 U.S.C.A. § 15, seeking treble damages for alleged violation of sections 1 and 2 of the Sherman Act, 15 U.S.C.A. §§ 1 and 2, was dismissed for failure to state a claim upon which relief could be granted. Appellant declined to amend and the action was dismissed.

The district court did not state its reasons for dismissal. Appellees suggest two possibilities: (1) relief was precluded by Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 81 S.Ct. 523, 5 L.Ed.2d 464 (1961); and (2)…

2Cases cited11 opinions

  1. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  2. Parker v. BrownSupreme Court of the United States · 1943
  3. Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
  4. Radovich v. National Football LeagueSupreme Court of the United States · 1957
  5. Karseal Corporation v. Richfield Oil CorporationCourt of Appeals for the Ninth Circuit · 1955

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

3Cited by62 opinions

  1. California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
  2. Blank v. KirwanCalifornia Supreme Court · 1985
  3. James Holmes v. New York City Housing AuthorityCourt of Appeals for the Second Circuit · 1968
  4. Clipper Exxpress v. Rocky Mountain Motor Tariff Bureau, Inc.Court of Appeals for the Ninth Circuit · 1982
  5. Forro Precision, Inc. v. International Business MacHines Corp.Court of Appeals for the Ninth Circuit · 1982

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

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