Legal Opinion

Rice v. Standard Oil Co.

U.S. Circuit Court for the District of New Jersey

Decided January 6, 1905PublishedCited by 14 opinions

At Law. On motion to strike out declaration.

1Opinion of the Court

LANNING, District Judge.

This matter comes before the court on a motion to strike out the plaintiffs declaration on the ground that it is irregular and defective, and so framed as to prejudice, embarrass» and delay a fair trial of the action. Such procedure is warranted by section 110 of the New Jersey practice act (P. L. 1903, p. 569). The cause of action set forth in the declaration is supposed to be created by section 7 of the Sherman anti-trust act, entitled “An act to protect trade and commerce against unlawful restraints and monopolies,” approved July 2, 1890. Act July 2, 1890, c. 647,…

2Cases cited5 opinions

  1. United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
  2. Northern Securities Co. v. United StatesSupreme Court of the United States · 1904
  3. United States v. CadwalladerDistrict Court, W.D. Wisconsin · 1893
  4. Race v. Easton & Amboy RailroadSupreme Court of New Jersey · 1898
  5. Minnuci v. Philadelphia & Reading RailroadSupreme Court of New Jersey · 1902

3Cited by14 opinions

  1. Glenn Coal Co. v. Dickinson Fuel Co.Court of Appeals for the Fourth Circuit · 1934
  2. Arthur v. Kraft-Phenix Cheese CorporationDistrict Court, D. Maryland · 1938
  3. Westor Theatres, Inc. v. Warner Bros. Pictures, Inc.District Court, D. New Jersey · 1941
  4. Alexander Milburn Co. v. Union Carbide & Carbon CorporationCourt of Appeals for the Fourth Circuit · 1926
  5. Buckeye Powder Co. v. E. I. Du Pont De Nemours Powder Co.Court of Appeals for the Third Circuit · 1915

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