Legal Opinion
Gold Fuel Service, Inc. v. Esso Standard Oil Company
District Court, D. New Jersey
Decided June 12, 1961No. Civ. A. 398PublishedCited by 4 opinions
1Opinion of the Court
WORTENDYKE, District Judge.
This action is for treble damages, brought under 15 U.S.C.A. § 15. There is pending before the Court defendant’s motion to dismiss the amended complaint for failure to state a claim upon which relief can be granted, F.R.Civ.P. 12(b), 28 U.S.C.A., and, in the alternative, for summary judgment, F.R.Civ.P. 56(b), upon the asserted ground that there is an absence of any genuine issue of material fact and that the defendant is entitled to judgment as a matter of law. Trial by jury has not been demanded. It is, therefore, waived, F.R.Civ.P. 38(d).
The motion was argued…
2Cases cited18 opinions
- United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956
- American Tobacco Co. v. United StatesSupreme Court of the United States · 1946
- Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
- Associated Press v. United StatesSupreme Court of the United States · 1945
- Associated Press v. United StatesSupreme Court of the United States · 1945
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Singleton v. StewartSupreme Court of North Carolina · 1972
- Fiumara v. Texaco, Inc.District Court, E.D. Pennsylvania · 1962
- Raitport v. General Motors CorporationDistrict Court, E.D. Pennsylvania · 1973
- Cowen v. New York Stock ExchangeDistrict Court, N.D. New York · 1966