Legal Opinion

Westmoreland Asbestos Co. v. Johns-Manville Corp.

District Court, S.D. New York

Decided January 10, 1941PublishedCited by 6 opinions

1Opinion of the Court

KNOX, District Judge.

Defendants have moved for summary judgment dismissing the complaint insofar as it purports to state a claim for relief in favor of Westmoreland Asbestos Company, Inc., and Home Insulation Company, Inc.

The action, by way of a consolidated complaint, seeks treble damages under the AntiTrust laws, 15 U.S.C.A. § 1 et seq., it being alleged that defendants conspired to obtain a monopoly of the business in which plaintiffs were engaged.

One of the defenses pleaded in the answers is that the claims of the aforementioned plaintiffs were discharged by a general release which they…

2Cases cited10 opinions

  1. United States v. Borden Co.Supreme Court of the United States · 1939
  2. Kirchner v. New Home Sewing MacHine Co.New York Court of Appeals · 1892
  3. Donaldson v. FarwellSupreme Court of the United States · 1876
  4. Donaldson, Assignee v. FarwellSupreme Court of the United States · 1877
  5. Foster & Kleiser Co. v. Special Site Sign Co.Court of Appeals for the Ninth Circuit · 1936

5 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Momand v. Universal Film Exchange, Inc.District Court, D. Massachusetts · 1942
  2. Fox Midwest Theatres, Inc. v. Jay MeansCourt of Appeals for the Eighth Circuit · 1955
  3. Marketing Assistance Plan, Inc. v. Associated Milk Producers, Inc.District Court, S.D. Texas · 1972
  4. Carter v. Twentieth Century-Fox Film CorporationDistrict Court, W.D. Missouri · 1955
  5. California Concrete Pipe Co. v. American Pipe & Construction Co.District Court, C.D. California · 1968

1 more not listed; retrieve them via the Exa API.

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