Legal Opinion
Kellogg Co. v. National Biscuit Co.
Court of Appeals for the Second Circuit
Decided June 18, 1934No. 272PublishedCited by 24 opinions
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
It might at first seem that this action against the Nations,1 Biscuit Company by a competitor to recover treble damages under section 4 of the Clayton Act (15 USCA § 15) was without foundation, but we are on the whole inclined to think that enough is set forth in the complaint to withstand demurrer and to require the defendant to submit to trial.
The charge in general is of an unlawful attempt to monopolize the business of selling shredded wheat. This charge is confused with claims that the defendant is responsible for acts done by Shredded Wheat Company, a…
2Cases cited4 opinions
- Virtue v. Creamery Package Manufacturing Co.Supreme Court of the United States · 1913
- Charles Broadway Rouss, Inc. v. Winchester Co.Court of Appeals for the Second Circuit · 1924
- Virtue v. Creamery Package Mfg. Co.Court of Appeals for the Eighth Circuit · 1910
- International Visible Systems Corp. v. Remington-Rand, Inc.Court of Appeals for the Sixth Circuit · 1933
3Cited by24 opinions
- Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
- Armstrong Paint & Varnish Works v. Nu-Enamel Corp.Supreme Court of the United States · 1938
- Kobe, Inc. v. Dempsey Pump Co. Dempsey Pump Co. v. Kobe, Inc.Court of Appeals for the Tenth Circuit · 1952
- Handgards, Inc., a Corporation v. Ethicon, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1979
- Clairol Incorporated v. The Gillette CompanyCourt of Appeals for the Second Circuit · 1968
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