Legal Opinion

State of New Mexico, on Behalf of Itself and All Other Public Bodies in the State of New Mexico Similarly Situated v. American Petrofina, Inc.

Court of Appeals for the Ninth Circuit

Decided July 17, 1974No. 26182PublishedCited by 22 opinions

1Opinion of the Court

OPINION

EUGENE A. WRIGHT, Circuit Judge:

In this ease we must decide whether a state is liable for alleged violations of sections 1 and 2 of the Sherman Act. 1 We hold that it is not and affirm the district court’s order dismissing the Shell Oil Company’s counterclaim against the State of New Mexico.

New Mexico, on behalf of itself and all other public bodies in New Mexico similarly situated, sued Shell and five other asphalt suppliers for alleged antitrust violations. Shell counterclaimed, alleging that New Mexico and some of its political subdivisions conspired as consumers of asphalt to fix…

2Cases cited27 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. Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
  5. Continental Ore Co. v. Union Carbide & Carbon Corp.Supreme Court of the United States · 1962

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3Cited by22 opinions

  1. City of Lafayette v. Louisiana Power & Light Co.Supreme Court of the United States · 1978
  2. Hoover v. RonwinSupreme Court of the United States · 1984
  3. Sea-Land Service, Inc. v. The Alaska RailroadCourt of Appeals for the D.C. Circuit · 1981
  4. City of Lafayette, Louisiana, and City of Plaquemine, Louisiana v. Lousiana Power & Light CompanyCourt of Appeals for the Fifth Circuit · 1976
  5. In Re Airport Car Rental Antitrust Litigation. Budget Rent-A-Car of Washington-Oregon, Inc. v. The Hertz Corp. And National Car Rental System, Inc.Court of Appeals for the Ninth Circuit · 1982

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

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