Legal Opinion

Gerr v. Schering Corporation

District Court, S.D. New York

Decided July 20, 1966No. 66 Civ. 1370PublishedCited by 6 opinions

1Opinion of the Court

OPINION

TYLER, District Judge.

In this suit filed on May 12, 1966, plaintiff seeks treble damages pursuant to applicable provisions of the Clayton Act upon a claim of illegal price discrimination. (15 U.S.C. § 15; 15 U.S.C. § 13(a) and § 13(d)). Defendant here moves for summary judgment on the theory that prior to the commencement of the suit, plaintiff had assigned the claim here asserted to another.

On March 15, 1966, plaintiff concededly executed an assignment for the benefit of creditors in the usual New York form to Robert F. Herzog. 1 On the following day, March 16, the assignment was duly…

2Cases cited7 opinions

  1. United Copper Securities Co. v. Amalgamated Copper Co.Court of Appeals for the Second Circuit · 1916
  2. Hicks v. Bekins Moving & Storage Co.Court of Appeals for the Ninth Circuit · 1937
  3. Imperial Film Exch. v. General Film Co.District Court, S.D. New York · 1915
  4. Caillouet v. American Sugar Refining Co.District Court, E.D. Louisiana · 1917
  5. Banana Distributors, Inc. v. United Fruit Co.District Court, S.D. New York · 1961

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

3Cited by6 opinions

  1. In Re National Mortgage Equity Corp. Mortgage Pool Certificates Securities LitigationDistrict Court, C.D. California · 1986
  2. Management Investors v. United Mine Workers Of AmericaCourt of Appeals for the Sixth Circuit · 1979
  3. Porter v. Household Finance Corp. of ColumbusDistrict Court, S.D. Ohio · 1974
  4. Health Care Equalization Committee v. Iowa Medical SocietyDistrict Court, S.D. Iowa · 1980
  5. Management Investors v. United Mine WorkersCourt of Appeals for the Sixth Circuit · 1979

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

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