Legal Opinion

L. G. Semke, D/B/A Semke Auto Mart v. Enid Automobile Dealers Association

Court of Appeals for the Tenth Circuit

Decided April 14, 1972No. 71-1224PublishedCited by 86 opinions

1Opinion of the Court

WILLIAM E. DOYLE, Circuit Judge.

The within action was instituted pursuant to the entire range of the Sherman and Clayton Act provisions, 15 U. S.C. §§ 1-27. However, the theory pursued at trial was limited to § 1 of the Sherman Act, the contention of the plaintiff being that the defendants were guilty of a combination and conspiracy in restraint of trade.

The defendants-appellees are franchised new car dealers who operate in the same area, Enid, Oklahoma, as does the plaintiff. The latter is a licensed used car dealer; he does not have a franchise from any manufacturer authorizing him to sell…

2Cases cited12 opinions

  1. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  2. United Mine Workers v. PenningtonSupreme Court of the United States · 1965
  3. Parker v. BrownSupreme Court of the United States · 1943
  4. California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
  5. Perma Life Mufflers, Inc. v. International Parts Corp.Supreme Court of the United States · 1968

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

3Cited by86 opinions

  1. MCI Communications Corporation and MCI Telecommunications Corporation v. American Telephone and Telegraph CompanyCourt of Appeals for the Seventh Circuit · 1983
  2. Kenneth Lehrman v. Gulf Oil CorporationCourt of Appeals for the Fifth Circuit · 1974
  3. Irving Sulmeyer and Arnold L. Kupetz, Co-Trustees in Bankruptcy for Bubble Up Corporation v. Coca Cola CompanyCourt of Appeals for the Fifth Circuit · 1975
  4. Calnetics Corporation and Meier-Line, Inc. v. Volkswagen of America, Inc., Calnetics Corporation v. Volkswagen of America, Inc., (Five Cases)Court of Appeals for the Ninth Circuit · 1976
  5. Forro Precision, Inc. v. International Business MacHines Corp.Court of Appeals for the Ninth Circuit · 1982

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

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