Legal Opinion
Lieberthal v. North Country Lanes, Inc.
Court of Appeals for the Second Circuit
Decided May 15, 1964No. 359, Docket 28652PublishedCited by 37 opinions
1Opinion of the Court
HAYS, Circuit Judge.
Lieberthal appeals from a judgment of the District Court dismissing his amended complaint, which sought treble damages under the Sherman Anti-Trust Act, 15 U.S.C. §§ 1, 2, 15 (1958). The District Court held that the amended complaint failed to state a claim upon which relief could be granted, Fed.R.Civ.P. 12 (b) (6), because (1) the averments of the complaint were insufficient to show any restraint of interstate, as opposed to intrastate, commerce, and (2) Lieberthal was not an aggrieved party having standing to maintain a private antitrust action. As we hold that the…
2Cases cited13 opinions
- United States v. Yellow Cab Co.Supreme Court of the United States · 1947
- United States v. Employing Plasterers Assn. of ChicagoSupreme Court of the United States · 1954
- United States v. Women's Sportswear Manufacturers Ass'nSupreme Court of the United States · 1949
- Las Vegas Merchant Plumbers Ass'n v. United StatesCourt of Appeals for the Ninth Circuit · 1954
- Marietta Page v. Telford WorkCourt of Appeals for the Ninth Circuit · 1961
8 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Thornhill Publishing Company, Inc. v. General Telephone & Electronics CorporationCourt of Appeals for the Ninth Circuit · 1979
- George C. Frey Ready-Mixed Concrete, Inc. v. Pine Hill Concrete Mix Corp.Court of Appeals for the Second Circuit · 1977
- Harold Friedman Inc. v. Thorofare Markets Inc. And Union Real Estate CompanyCourt of Appeals for the Third Circuit · 1978
- United States v. The Bensinger Company, United States of America v. The Hobart Manufacturing CompanyCourt of Appeals for the Eighth Circuit · 1970
- George C. Frey Ready-Mixed Concrete, Inc. v. Pine Hill Concrete Mix Corp.Court of Appeals for the Second Circuit · 1977
32 more not listed; retrieve them via the Exa API.