Legal Opinion

Eli Mesirow and Thomas Morris v. Pepperidge Farm, Inc., a Connecticut Corporation

Court of Appeals for the Ninth Circuit

Decided January 25, 1983No. 81-4471PublishedCited by 39 opinions

1Opinion of the Court

DUNIWAY, Circuit Judge:

Plaintiffs Eli Mesirow and Thomas Morris appeal from the district court’s dismissal on summary judgment of their claims against Pepperidge Farm, Inc., under §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2. They also ask us to review two orders imposing fines on their counsel during discovery. We affirm the dismissal of the antitrust claims, and decline to review *341the discovery sanctions for lack of jurisdiction.

I. Facts.

Plaintiffs distributed Pepperidge Farm biscuits, cookies and other products from January 1970 to May 1978, and from April 1970 to November 1978,…

2Cases cited14 opinions

  1. Simpson v. Union Oil Co. of Cal.Supreme Court of the United States · 1964
  2. William Radobenko and Mary G. Radobenko, His Wife, Individually and as Husband and Wife v. Automated Equipment Corporation, a California CorporationCourt of Appeals for the Ninth Circuit · 1975
  3. California Computer Products, Inc. And Century Data Systems, Inc., Plaintiffs v. International Business MacHines CorporationCourt of Appeals for the Ninth Circuit · 1979
  4. United States v. McKesson & Robbins, Inc.Supreme Court of the United States · 1956
  5. Photovest Corporation, an Indiana Corporation, and Cross-Appellant v. Fotomat Corporation, a Delaware Corporation, and Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1979

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3Cited by39 opinions

  1. Eavenson, Auchmuty & Greenwald v. HoltzmanCourt of Appeals for the Third Circuit · 1985
  2. Knorr Brake Corp. v. Harbil, Inc.Court of Appeals for the Seventh Circuit · 1984
  3. In Re Coordinated Pretrial Proceedings in Petroleum Products Antitrust Litigation. State of Arizona v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Mobil Oil Corp. And Shell Oil Co., and Continental Oil Co. Gulf Oil Corp. Phillips Petroleum Co. Caribou Four Corners, Inc. And Powerine Oil Co., State of California v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Exxon Corp. Gulf Oil Corp. Mobil Oil Corp. And Shell Oil Co., and Atlantic Richfield Co. Getty Oil Co. And Phillips Petroleum Co., State of Oregon, on Behalf of Itself, Its Residents and All Political Subdivisions Within the State Similarly Situated v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Mobil Oil Corp. And Shell Oil Co., and Getty Oil Co. Gulf Oil Corp. And Phillips Petroleum Co., State of Washington, on Behalf of Itself and Its Public Entities and Residents v. Standard Oil Co. Of California Texaco, Inc. Union Oil Co. Of California Atlantic Richfield Co. Exxon Corp. Gulf Oil Corp. Mobil Oil Corp. Shell Oil Co., and Getty Oil Co. And Phillips Petroleum Co.Court of Appeals for the Ninth Circuit · 1990
  4. G.J.B. & Associates, Inc. v. SingletonCourt of Appeals for the Tenth Circuit · 1990
  5. Rick-Mik Enterprises, Inc. v. Equilon Enterprises, LLCCourt of Appeals for the Ninth Circuit · 2008

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