Legal Opinion

Outboard Marine Corp. v. Pezetel

District Court, D. Delaware

Decided June 22, 1979No. Civ. A. 77-51PublishedCited by 14 opinions

1Opinion of the Court

OPINION

MURRAY M. SCHWARTZ, District Judge.

In this civil antitrust action, the plaintiff Outboard Marine Corporation (“OMC”) has moved for the dismissal of the defendants’ Counterclaim for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Counterclaim has been asserted by Pezetel and Melex, Inc., two of the three remaining defendants in this litigation. 1 Pezetel is a trade organization of the People’s Republic of Poland and a manufacturer and exporter of electric golf carts to the United States. Melex USA, Inc., is…

2Cases cited19 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  3. United Mine Workers v. PenningtonSupreme Court of the United States · 1965
  4. California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
  5. Walker Process Equipment, Inc. v. Food MacHinery & Chemical Corp.Supreme Court of the United States · 1965

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3Cited by14 opinions

  1. Knevelbaard Dairies v. Kraft Foods, Inc.Court of Appeals for the Ninth Circuit · 2000
  2. Coastal States Marketing, Inc. And Valero Energy Corporation, Cross-Appellees v. Nelson Bunker Hunt, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1983
  3. Forro Precision, Inc. v. International Business MacHines Corp.Court of Appeals for the Ninth Circuit · 1982
  4. Rohm and Haas Co. v. Dawson Chemical Co., Inc.District Court, S.D. Texas · 1983
  5. Sessions Tank Liners, Inc. Dba Southwest Tank Liners, Inc. v. Joor Manufacturing, Inc.Court of Appeals for the Ninth Circuit · 1987

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