Legal Opinion

C. S. Smith Metropolitan Market Co. v. Food & Grocery Bureau of Southern California, Inc.

District Court, S.D. California

Decided July 24, 1939PublishedCited by 7 opinions

1Opinion of the Court

YANKWICH, District Judge (after stating facts as above).

The Court is of the view that, leaving aside the question whether the practices of the defendants with regard to maintenance of prices, would be legal or illegal, reasonable or unreasonable, if interstate commerce were involved, the acts complained of do not affect directly interstate commerce and do not constitute a restraint of it.

The plaintiff is a California corporation, engaged solely in the business of selling and distributing food, groceries and allied articles of merchandise at retail in various retail stores owned and maintained…

2Cases cited3 opinions

  1. A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
  2. Southern Pacific Co. v. GallagherSupreme Court of the United States · 1939
  3. Southern Pac. Co. v. GallagherSupreme Court of the United States · 1939

3Cited by7 opinions

  1. Cliff Food Stores, Inc. v. Kroger, Inc. And Bilo, Inc.Court of Appeals for the Fifth Circuit · 1969
  2. Brosious v. Pepsi-Cola Co.Court of Appeals for the Third Circuit · 1946
  3. Evans v. SS Kresge CompanyDistrict Court, W.D. Pennsylvania · 1975
  4. Spencer v. Sun Oil Co.District Court, D. Connecticut · 1950
  5. United States v. Heating, Piping & Air Conditioning Contractors Ass'nDistrict Court, S.D. California · 1940

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