Legal Opinion

Clayton Manufacturing Co. v. Cline

District Court, C.D. California

Decided December 14, 1976No. Civil 76-1976-HPPublishedCited by 1 opinion

1Opinion of the Court

ORDER OF DISMISSAL WITH LEAVE TO AMEND

PREGERSON, District Judge.

This matter is before the court on defendants’ motion to dismiss pursuant to F.R. Civ.P. 12(b)(6) on the ground that the complaint fails to state a claim upon which relief can be granted. Plaintiff Clayton Manufacturing Co. (Clayton) alleges in its complaint that defendants, Mrs. Janice Meyer Cline and the Estate of Edwin Lee Cline, deceased, are liable for violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2.

Although the complaint fails adequately to allege the nature of trade and commerce involved and…

2Cases cited9 opinions

  1. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  2. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
  3. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  4. United States v. Loew's Inc.Supreme Court of the United States · 1962
  5. Brulotte v. Thys Co.Supreme Court of the United States · 1964

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

3Cited by1 opinion

  1. Duplan Corp. v. Deering Milliken, Inc.District Court, D. South Carolina · 1977

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