Legal Opinion · Concurring in part, dissenting in part
Tip Top Farms, Inc. v. Dairylea Cooperative, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1985Published
1Concurring in part, dissenting in part
Lazer, J. P.
(concurring in part and dissenting in part). I disagree with my colleagues’ view that the dispositive issue on this appeal is whether the contract alleged by the plaintiffs falls within one of the exceptions to the rule in Illinois Brick Co. v Illinois (431 US 720). The issue is much broader, for it concerns the relationship between Federal antitrust policies and access to the State courts for the purpose of common-law actions. More specifically, however, we must determine whether the policies enunciated in Illinois Brick preclude an indirect purchaser of goods from bringing a…
2Cases cited45 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
- Exxon Corp. v. Governor of MarylandSupreme Court of the United States · 1978
- Simonds v. SimondsNew York Court of Appeals · 1978
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