Legal Opinion

Schoenkopf v. Brown & Williamson Tobacco Corp.

Court of Appeals for the Third Circuit

Decided December 29, 1980No. 80-1327/8PublishedCited by 61 opinions

1Opinion of the Court

OPINION OF THE COURT

GIBBONS, Circuit Judge

Plaintiff, Richard Schoenkopf brought suit against R. J. Reynolds Tobacco Company (RJR), Brown & Williamson Tobacco Corporation (B & W), and Loew’s Theatres, Inc. (Lorillard), alleging violations of the Sherman Act and the Robinson-Patman Act, and alleging breaches of contracts. Schoenkopf sought treble damages for the alleged Sherman Act violations, injunctive relief under the Robinson-Patman Act, and damages for his contractual claims. The case was tried before a jury. At the conclusion of plaintiff’s evidence, the district court granted defendants’…

2Cases cited17 opinions

  1. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  2. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
  3. Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
  4. Hawaii v. Standard Oil Co. of Cal.Supreme Court of the United States · 1972
  5. Theatre Enterprises, Inc. v. Paramount Film Distributing Corp.Supreme Court of the United States · 1954

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3Cited by61 opinions

  1. Cargill, Inc. v. Monfort of Colorado, Inc.Supreme Court of the United States · 1986
  2. In re Japanese Electronic Products Antitrust LitigationCourt of Appeals for the Third Circuit · 1983
  3. Orson, Inc. T/a Roxy Screening Rooms v. Miramax Film Corp. Orson, Inc., D/b/a/ Roxy Screening RoomsCourt of Appeals for the Third Circuit · 1996
  4. In Re Baby Food Antitrust Litigation Jacob Blinder & Sons, Inc., Wiseway Super Food Center, Inc., Super Center, Inc., United Brothers Finer Foods, Inc., L.L. Harris Wholesale Grocery, Peter J. Schmitt & Co., 3932 Church Street Supermarket, Inc., Arleen Food Products Co., Inc., Rubin Brooks and Sons, Inc., (d.c. Civil No. 92-Cv-05495). Jacob Blinder & Sons, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) Fka Beech-Nut-Nutrition Fka Beech-Nut Foods Corporation (Now Dissolved) Fka Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) Fka Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 92-Cv-05495). Peter J. Schmitt Co., on Behalf of Itself v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00047). Wiseway Super Food Center, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00048). Super Center, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00049). United Brothers Finer Foods, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00050). L.L. Harris Wholesale Grocery, a Partnership, on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition Corporation (Now Dissolved) AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bnc Corporation, AKA Beech-Nut Corporation (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00051). 3932 Church Street Supermarket, Inc., an Illinois Corporation, on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech Nut Foods Corporation, and Beech Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-0320). Arleen Food Products Co., Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech-Nut Foods Corporation, and Beech-Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-0407). Rubin Brooks and Sons, Inc., on Behalf of Himself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech-Nut Foods Corporation and Beech-Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00802). Jacob Blinder & Sons, Inc., Wiseway Super Food Center, Inc., Super Center, Inc., United Brothers Finer Foods, Inc., L.L. Harris Wholesale Grocery, Peter J. Schmitt & Co., 3932 Church Street Supermarket, Inc., Arleen Food Products Co., Inc., Rubin Brooks and Sons, Inc., in No. 98-5125Court of Appeals for the Third Circuit · 1999
  5. Lewis v. Philip Morris Inc.Court of Appeals for the Sixth Circuit · 2004

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