Legal Opinion

Jack Walters & Sons Corp. v. Morton Building, Inc.

Court of Appeals for the Seventh Circuit

Decided June 22, 1984No. 83-2300PublishedCited by 168 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This antitrust suit under section 1 of the Sherman Act, 15 U.S.C. § 1, pits a building-materials dealer, Walters, against a manufacturer of prefabricated farm buildings, Morton. The complaint, filed in 1978, alleges that Morton tied building components to its trademark, assigned its franchised dealers (one of whom was Walters) exclusive sales territories, limited the prices the dealers could charge consumers, and eventually took over the dealership function, terminating Walters in the process.. There also is a pendent claim for breach of a duty of fair dealing under…

2Cases cited54 opinions

  1. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  2. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
  3. Continental T. v. Inc. v. GTE Sylvania Inc.Supreme Court of the United States · 1977
  4. Monsanto Co. v. Spray-Rite Service Corp.Supreme Court of the United States · 1984
  5. Sears, Roebuck & Co. v. MacKeySupreme Court of the United States · 1956

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3Cited by168 opinions

  1. Atlantic Richfield Co. v. USA Petroleum Co.Supreme Court of the United States · 1990
  2. Mid-State Fertilizer Co., Lasley Kimmel, and Maxine Kimmel v. Exchange National Bank of ChicagoCourt of Appeals for the Seventh Circuit · 1989
  3. The National Association for the Advancement of Colored People v. American Family Mutual Insurance CompanyCourt of Appeals for the Seventh Circuit · 1992
  4. Broussard v. Meineke Discount Muffler Shops, Inc.Court of Appeals for the Fourth Circuit · 1998
  5. Todorov v. DCH Healthcare AuthorityCourt of Appeals for the Eleventh Circuit · 1991

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