Buckeye Powder Co. v. E. I. DuPont De Nemours Powder Co.
Supreme Court of the United States
'error to the circuit court oe appeals eor the third CIRCUIT. - The case is stated in the opinion. Mr. Twyman O. Abbott, with whom Mr. Willard U. Taylor was on the briefs, for plaintiff' in error, among other points, urged that § 7 of the Sherman Act, prescribing a remedy for injuries suffered “by reason of anything forbidden or declared to be unlawful by this act,” gives a single and indivisible right, of action, and makes no distinction'between the things that are declared…
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'error to the circuit court oe appeals eor the third CIRCUIT. - The case is stated in the opinion. Mr. Twyman O. Abbott, with whom Mr. Willard U. Taylor was on the briefs, for plaintiff' in error, among other points, urged that § 7 of the Sherman Act, prescribing a remedy for injuries suffered “by reason of anything forbidden or declared to be unlawful by this act,” gives a single and indivisible right, of action, and makes no distinction'between the things that are declared to be unlawful by § 1 and those that are declared to- be unlawful by § 2; citing United States v. Kissel, 218 U. S:…
1Opinion of the Court
'Mr. Justice Holmes
delivered - the opinion of the epurt..'» This is an action brought by the plaintiff in error to rfecover triple damages under the Sherman Act, July 2, 1890, c. 647, § 7, 26 Stat. 209, 210. There'was .a trial that lasted five months, in which the facts were shown at great length, and after a very full and fair charge by the presiding Judge the- jury found a verdict in favor of the principal defendant, the E. I. DuPont de Nemours Powder Company, on the mferits, and for the other two by direction of the Court. Elaborate exceptions were taken but th'ey were overruled by the…
2Cases cited5 opinions
- Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
- Central Vermont Railway Co. v. WhiteSupreme Court of the United States · 1915
- Lawlor v. LoeweSupreme Court of the United States · 1915
- National Council of the Junior Order of United American Mechanics of the United States v. State Council of Virginia, Junior Order of United American Mechanics of the VirginiaSupreme Court of the United States · 1906
- Buckeye Powder Co. v. E. I. Du Pont De Nemours Powder Co.Court of Appeals for the Third Circuit · 1915
3Cited by53 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Lipsky v. Commonwealth United Corp.Court of Appeals for the Second Circuit · 1976
- Frohwerk v. United StatesSupreme Court of the United States · 1919
- United States v. Roland W. BrownCourt of Appeals for the D.C. Circuit · 1974
- Williamson v. Columbia Gas & Electric Corp.Court of Appeals for the Third Circuit · 1950
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