Legal Opinion
O. C. Mendenhall v. The Fleming Company, Inc., and Minimax
Court of Appeals for the Fifth Circuit
Decided December 9, 1974No. 74-1943PublishedCited by 26 opinions
1Opinion of the Court
CLARK, Circuit Judge:
Plaintiffs, as individuals, seek to recover treble damages for an alleged anti-trust violation under Section 1 of the Sherman Act, 15 U.S.C. § 1 and Sections 3 and 4 of the Clayton Act, 15 U. S.C. §§14 and 15, arising from the operation of retail grocery stores by a corporation they had created. Defendants’ motion for summary judgment was overruled by the district court in an order which was then duly certified and permitted to be appealed to this court under 28 U.S.C. § 1292(b). Because the plaintiffs lack standing to assert this claim under Martens v. Barrett, 245 F.2d…
2Cases cited2 opinions
- H. W. Martens and Robert A. Maurin, Jr. v. Carl F. Barrett, B. C. Farcell and the Texas CompanyCourt of Appeals for the Fifth Circuit · 1957
- Peter v. Western Newspaper UnionCourt of Appeals for the Fifth Circuit · 1953
3Cited by26 opinions
- Stein v. United Artists Corp.Court of Appeals for the Ninth Circuit · 1982
- Nauslar v. Coors Brewing Co., Texas Court of Appeals, 5th District (Dallas)2005
- American Key Corporation, and Ron Deweese v. Cole National Corporation, and Sears, Roebuck and Co.Court of Appeals for the Eleventh Circuit · 1985
- Lloyd L. Hayes, Hayes, Inc. v. T. G. Solomon, Gulf States Theatres, Inc.Court of Appeals for the Fifth Circuit · 1979
- Arthur Swerdloff and Louis Swerdloff v. Miami National Bank, a National Banking AssociationCourt of Appeals for the Fifth Circuit · 1978
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