Legal Opinion

Bergen Drug Company Inc., a New Jersey Corporation v. Parke, Davis & Company, a Michigan Corporation

Court of Appeals for the Third Circuit

Decided September 27, 1962No. 13934_1PublishedCited by 52 opinions

1Opinion of the Court

STALEY, Circuit Judge.

On September 27, 1961, plaintiff, Bergen Drug Company, Inc., commenced a private antitrust action against defendant, Parke, Davis & Company. The complaint, as amended, contained the usual prayer for treble damages and requested a permanent injunction enjoining defendant from refusing to sell its products to plaintiff upon the same terms as they are sold to other purchasers. 1

On October 12, 1961, plaintiff received a letter from defendant which stated:

“We have concluded that we do not wish to make further use of the distribution facilities of Bergen Drug Company, Inc.
“We…

2Cases cited16 opinions

  1. United States v. Colgate & Co.Supreme Court of the United States · 1919
  2. Lorain Journal Co. v. United StatesSupreme Court of the United States · 1951
  3. Crosley Corporation v. Hazeltine CorporationCourt of Appeals for the Third Circuit · 1941
  4. Toledo, A. A. & N. M. Ry. Co. v. Pennsylvania Co.U.S. Circuit Court for the District of Northern Ohio · 1893
  5. Porter v. LeeSupreme Court of the United States · 1946

11 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Blackwelder Furniture Company of Statesville, Inc. v. Seilig Manufacturing Company, Inc.Court of Appeals for the Fourth Circuit · 1977
  2. Ross-Simons of Warwick, Inc. v. Baccarat, Inc.Court of Appeals for the First Circuit · 1996
  3. Instant Air Freight Co. v. C.F. Air Freight, Inc.Court of Appeals for the Third Circuit · 1989
  4. Orson, Inc. T/a Roxy Screening Rooms v. Miramax Film Corp. Orson, Inc., D/b/a/ Roxy Screening RoomsCourt of Appeals for the Third Circuit · 1996
  5. Reuters Limited v. United Press International, Inc.Court of Appeals for the Second Circuit · 1990

47 more not listed; retrieve them via the Exa API.

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