Legal Opinion

Milton Borger and Richard Borger v. Yamaha International Corporation

Court of Appeals for the Second Circuit

Decided May 29, 1980No. 541, Docket 79-7447PublishedCited by 72 opinions

1Opinion of the Court

VAN GRAAFEILAND, Circuit Judge:

This is an appeal by Yamaha International Corporation (Yamaha) from a judgment entered against it in the United States District Court for the Southern District of New York for violations of section 1 of the Sherman Act, 15 U.S.C. § 1. Plaintiffs were awarded $454,158.00 (after trebling) in monetary damages and $125,000.00 in attorneys’ fees. For the reasons set forth below, we reverse and remand for a new trial.

I

FACTS

Yamaha, a California corporation, is the United States importer of various consumer products, including sporting goods, musical instruments, and…

2Cases cited42 opinions

  1. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
  2. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
  3. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  4. Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
  5. Continental T. v. Inc. v. GTE Sylvania Inc.Supreme Court of the United States · 1977

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3Cited by72 opinions

  1. In Re Visa Check/mastermoney Antitrust Litigation. Wal-Mart Stores, Inc., Limited, Inc., Sears Roebuck & Company, Safeway Inc., Circuit City Stores, Inc., National Retail Federation and the Food Marketing Institute, International Mass Retail Association, and All Similarly Situated Persons v. Visa U.S.A. Inc. And Mastercard International IncorporatedCourt of Appeals for the Second Circuit · 2001
  2. Bankers Trust Company v. Daniel Rhoades, Herman Soifer and Milton BratenCourt of Appeals for the Second Circuit · 1988
  3. William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc., William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc.Court of Appeals for the Ninth Circuit · 1982
  4. Provost v. City of NewburghCourt of Appeals for the Second Circuit · 2001
  5. Biodex Corporation v. Loredan Biomedical, Inc.Court of Appeals for the Federal Circuit · 1991

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