Tampa Electric Company v. Nashville Coal Company, Nashville Coal, Inc., and West Kentucky Coal Company

It is with reluctance that I have filed this dissenting opinion, particularly in view of the careful consideration which this case has received by the majority and by the District Judge: With deference to my colleagues, whose views I respect, I am of the opinion that the authorities on which they relied, when applied to the facts of this case, do not compel the decision which they reached. I think the judgment below has produced a harsh result, not in the contemplation of the Clayton Act, which is being enforced against the wrong party.

The seller1 has successfully avoided its contractual…