Legal Opinion

Nationwide Mutual Insurance v. Automotive Service Councils of Delaware, Inc.

District Court, D. Delaware

Decided May 20, 1980No. Civ. A. 78-323PublishedCited by 1 opinion

1Opinion of the Court

OPINION

STAPLETON, District Judge.

The question presented by this motion to dismiss is whether Nationwide Mutual Insurance Co. (“plaintiff”) has standing under Section 16 of the Clayton Act, 15 U.S.C. § 26, 1 to seek to enjoin alleged violations of Section 1 of the Sherman Act, 15 U.S.C. § 1, by the Automotive Service Councils of Delaware, Inc., an association of automobile body repair shops, and its members (“defendants”), where Nationwide does not pay the body shops directly but only reimburses its insureds for money paid by them for work done. Defendants claim that Nationwide does not have…

2Cases cited21 opinions

Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
Hawaii v. Standard Oil Co. of Cal.Supreme Court of the United States · 1972
Joseph B. KAUFFMAN Et Al. v. the DREYFUS FUND, INC., Et Al., Investors Diversified Services, Inc., Et Al., AppellantsCourt of Appeals for the Third Circuit · 1970

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3Cited by1 opinion

Garshman v. Universal Resources Holding, Inc.District Court, D. New Jersey · 1986