Merz Capsule Co. v. United States Capsule Co.
U.S. Circuit Court for the District of Western Michigan
This was a bill bj the Merz Capsule Company, a corporation organized under the laws of Michigan, and doing business at Detroit, against Robert H. McCuteheon, J. Ernest Warren, James Wilkie, John A. Grogan, William H. Warren, the National Capsule Company, and the United States Capsule Company, praying that a certain contract between complainant and defendants should be declared null and void, and that defendants be enjoined from carrying out the same as against the rights of…
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This was a bill bj the Merz Capsule Company, a corporation organized under the laws of Michigan, and doing business at Detroit, against Robert H. McCuteheon, J. Ernest Warren, James Wilkie, John A. Grogan, William H. Warren, the National Capsule Company, and the United States Capsule Company, praying that a certain contract between complainant and defendants should be declared null and void, and that defendants be enjoined from carrying out the same as against the rights of complainant. Complainant was engaged in the business of manufacturing and selling gelatine shells or capsules, and on…
1Opinion of the Court
SEVERENS, District Judge.
In my opinion, tlie complainant in this case is entitled to tlie relief prayed. The case is one of much importance, and will doubtless undergo a. review in the appellate court. I shall therefore merely summarize the grounds upon which my conclusion is founded.
One of ilie grounds upon which the invalidity of the agreement between the parties of November 29, 1893, is asserted, viz. that the combination was a conspiracy in restraint of trade or commerce among the several states, and was illegal under the act of July 2, 1890, lias, since the argument of this case and…
2Cited by3 opinions
- Mannington v. Hocking Valley Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1910
- Davis v. A. Booth & Co.Court of Appeals for the Sixth Circuit · 1904
- National Harrow Co. v. HenchU.S. Circuit Court for the District of Eastern Pennsylvania · 1896