Legal Opinion
Ebeling v. Foster & Kleiser Co.
District Court, W.D. Washington
Decided November 9, 1935No. 418PublishedCited by 5 opinions
1Opinion of the Court
NETERER, District Judge.
Plaintiff seeks treble damages under section 7 of the Sherman Anti-Trust Act. (15 USCA § 15 note). Motion is made to strike and make more definite and certain.
It should be stated at the outset that “section 7 of the Anti-Trust Act gives a right of action to one who has been ‘injured in his business or property.’” Again, “Recovery cannot be had unless it is shown, that, as a result of defendant’s acts, damages in some amount susceptible of expression in figures resulted. . . Thpse damages must be proved by facts from which their existence is logically and -legally…
2Cases cited9 opinions
- A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
- Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
- Packer Corp. v. UtahSupreme Court of the United States · 1932
- Buckeye Powder Co. v. E. I. DuPont De Nemours Powder Co.Supreme Court of the United States · 1918
- New York Central Railroad v. ChisholmSupreme Court of the United States · 1925
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3Cited by5 opinions
- Westor Theatres, Inc. v. Warner Bros. Pictures, Inc.District Court, D. New Jersey · 1941
- Klein v. Lionel CorporationDistrict Court, D. Delaware · 1956
- Louisiana Farmers' Protective Union, Inc. v. Great Atlantic & Pacific Tea Co. of America, Inc.District Court, E.D. Arkansas · 1941
- Shurtz v. Foster & Kleiser Co.District Court, N.D. California · 1939
- Sheldon-Claire Co. v. Judson Roberts Co.District Court, S.D. New York · 1949