Legal Opinion
Klor's, Inc. v. Broadway-Hale Stores, Inc.
Court of Appeals for the Ninth Circuit
Decided March 28, 1958No. 15380_1PublishedCited by 30 opinions
1Opinion of the Court
BARNES, Circuit Judge.
I. The Private Plaintiff in AntiTrust Litigation.
Section 4 of the Clayton Act provides:
“Any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor * * * and shall recover threefold the damages by him sustained.” 15 U.S.C.A. § 15.
Passing for the present an examination of what “thing” is forbidden, we note a tendency in some courts to narrow the apparent scope of this statute due to concern with the severity of the penalty. 1
In a recent case this Court said:
“A niggardly construction of the treble…
2Cases cited70 opinions
- United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940
- Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
- Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
- Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
- American Tobacco Co. v. United StatesSupreme Court of the United States · 1946
65 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- William J. Rasmussen v. The American Dairy Association, a CorporationCourt of Appeals for the Ninth Circuit · 1973
- United States v. LeonelliDistrict Court, S.D. New York · 1977
- Atlantic Heel Co., Inc. v. Allied Heel Co., Inc.Court of Appeals for the First Circuit · 1960
- Klor's, Inc. v. Broadway-Hale Stores, Inc.Supreme Court of the United States · 1959
- Robert D. Nelligan and Owen B. Nelligan, Jr., Partners Doing Business Under the Partnership Name of the Nelligans v. Ford Motor Company, a CorporationCourt of Appeals for the Fourth Circuit · 1959
25 more not listed; retrieve them via the Exa API.