Legal Opinion
Plum Tree, Inc. v. NK Winston Corporation
District Court, S.D. New York
Decided November 1, 1972No. 72 Civ. 447PublishedCited by 25 opinions
1Opinion of the Court
GURFEIN, District Judge.
This is a motion to dismiss the complaint under Fed.R.Civ.P. 12(b)(1), 12 (b)(6) and 56. 1 The amended complaint is in two counts. Jurisdiction is based on diversity of citizenship; and on the Sherman Act, the Clayton Act and the Robinson-Patman Act, 15 U.S.C. §§ 1, 13, 15, 22 and 28 U.S.C. § 1391. Declaratory judgment is sought under § 1391.
I
The first count alleges that the plaintiff, a franchisor of retail gift shops and a shopping center tenant selling giftware in four shopping centers owned by the defendants entered into leases with the several defendants which are…
2Cases cited44 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Perma Research and Development Company v. The Singer CompanyCourt of Appeals for the Second Circuit · 1969
39 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Harold S. Lee v. Joseph E. Seagram & Sons, Inc.Court of Appeals for the Second Circuit · 1977
- Ambook Enterprises v. Time Inc.Court of Appeals for the Second Circuit · 1979
- Niagara Mohawk Power Corp. v. Graver Tank & Manufacturing Co.District Court, N.D. New York · 1979
- Denny v. CareyDistrict Court, E.D. Pennsylvania · 1976
- Hotel Constructors, Inc. v. Seagrave Corp.District Court, S.D. New York · 1983
20 more not listed; retrieve them via the Exa API.