Legal Opinion

Bostick Oil Co. v. Michelin Tire Corp.

District Court, D. South Carolina

Decided October 23, 1979No. Civ. A. No. 78-837Published

1Opinion of the Court

ORDER ON MOTION FOR SUMMARY JUDGMENT ON COUNTERCLAIM

HEMPHILL, District Judge.

This matter is before the court on plaintiff’s motion for summary judgment as to defendant’s counterclaim for abuse of process. Plaintiff filed this action under 28 U.S.C. § 13371 and under 28 U.S.C. § 1332 2 alleging certain antitrust violations and common law wrongs. Defendant then counterclaimed on grounds that the original action was brought for the ulterior purpose of forcing defendant to continue in a business relation with plaintiff which had lapsed and had not been renewed, and to delay for a period of years…

2Cases cited7 opinions

Blackwelder Furniture Company of Statesville, Inc. v. Seilig Manufacturing Company, Inc.Court of Appeals for the Fourth Circuit · 1977
Huggins v. Winn-Dixie Greenville, Inc.Supreme Court of South Carolina · 1967
Pepp v. Superior Pontiac GMC, Inc.District Court, E.D. Louisiana · 1976
Mrs. C. H. Kilfoyle v. W. M. Wright and Gulf Oil Corporation, W. M. Wright v. Mrs. C. H. KilfoyleCourt of Appeals for the Fifth Circuit · 1962
Bell Lines, Inc. v. StricklandSupreme Court of South Carolina · 1970

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