Legal Opinion

The Venzie Corporation, and F. M. Venzie & Company, Inc. v. United States Mineral Products Company, Inc. And William Armstrong & Sons, Inc.

Court of Appeals for the Third Circuit

Decided August 27, 1975No. 74-1995PublishedCited by 107 opinions

1Opinion of the Court

OPINION OF THE COURT

SEITZ, Chief Judge.

Plaintiffs, the Venzie Corporation and F. M. Venzie & Company, Inc. 1 , appeal from an order granting defendants’ motion for judgment n. o. v. on their claim of a concerted refusal to deal. In their complaint, plaintiffs asserted that defendants United States Mineral Products Company, Inc. (“Mineral”) and William Armstrong & Sons, Inc. (“Armstrong”) had by agreement refused to sell a fireproofing material to plaintiffs in violation of Section 1 of the Sherman Act. Plaintiffs also attack an order of the district court directing a verdict for defendants on…

2Cases cited12 opinions

  1. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  2. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  3. United States v. Colgate & Co.Supreme Court of the United States · 1919
  4. White Motor Co. v. United StatesSupreme Court of the United States · 1963
  5. United States v. Arnold, Schwinn & Co.Supreme Court of the United States · 1967

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3Cited by107 opinions

  1. Bogosian v. Gulf Oil Corp.Court of Appeals for the Third Circuit · 1977
  2. In re Japanese Electronic Products Antitrust LitigationCourt of Appeals for the Third Circuit · 1983
  3. Elliot Fineman the Industry Network System, Inc. v. Armstrong World Industries, Inc.Court of Appeals for the Third Circuit · 1992
  4. Edward J. Sweeney & Sons, Inc., and Mission Gas Oil Company, Inc. And Petroleum Products Co. v. Texaco, IncCourt of Appeals for the Third Circuit · 1980
  5. In Re Baby Food Antitrust Litigation Jacob Blinder & Sons, Inc., Wiseway Super Food Center, Inc., Super Center, Inc., United Brothers Finer Foods, Inc., L.L. Harris Wholesale Grocery, Peter J. Schmitt & Co., 3932 Church Street Supermarket, Inc., Arleen Food Products Co., Inc., Rubin Brooks and Sons, Inc., (d.c. Civil No. 92-Cv-05495). Jacob Blinder & Sons, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) Fka Beech-Nut-Nutrition Fka Beech-Nut Foods Corporation (Now Dissolved) Fka Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) Fka Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 92-Cv-05495). Peter J. Schmitt Co., on Behalf of Itself v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00047). Wiseway Super Food Center, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00048). Super Center, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00049). United Brothers Finer Foods, Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bcn Corporation, (Now Dissolved) AKA Beech-Nut Corporation Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00050). L.L. Harris Wholesale Grocery, a Partnership, on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Now Dissolved) AKA Beech-Nut-Nutrition Corporation (Now Dissolved) AKA Beech-Nut Foods Corporation (Now Dissolved) AKA Baker/beech-Nut Corporation (Now Dissolved) Bnc Corporation, AKA Beech-Nut Corporation (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00051). 3932 Church Street Supermarket, Inc., an Illinois Corporation, on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech Nut Foods Corporation, and Beech Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-0320). Arleen Food Products Co., Inc., on Behalf of Itself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech-Nut Foods Corporation, and Beech-Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-0407). Rubin Brooks and Sons, Inc., on Behalf of Himself and All Others Similarly Situated v. Gerber Products Company H.J. Heinz Company Ralston Purina Company Bnnc Corporation, (Formerly Known Successively as Baker/beech-Nut Corporation, Beech-Nut Foods Corporation and Beech-Nut Nutrition Corporation) (Now Dissolved) Bnc Corporation, (Formerly Known as Beech-Nut Corporation) (Now Dissolved) Nestle Holdings, Inc. (Newark New Jersey Civil No. 93-Cv-00802). Jacob Blinder & Sons, Inc., Wiseway Super Food Center, Inc., Super Center, Inc., United Brothers Finer Foods, Inc., L.L. Harris Wholesale Grocery, Peter J. Schmitt & Co., 3932 Church Street Supermarket, Inc., Arleen Food Products Co., Inc., Rubin Brooks and Sons, Inc., in No. 98-5125Court of Appeals for the Third Circuit · 1999

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