Legal Opinion

Stifel, Nicolaus & Co. v. Dain, Kalman & Quail, Inc.

District Court, N.D. Iowa

Decided April 28, 1977No. C 75-52PublishedCited by 11 opinions

1Opinion of the Court

McMANUS, Chief Judge.

This matter is before the court on defendants’ resisted motions seeking dismissal, summary judgment, or an order to arbitrate, all filed March 3, 1977.

Plaintiff Stifel, Nicolaus & Company, Inc. (Stifel) has brought this action against defendant Dain, Kalman & Quail, Inc. (DKQ) for alleged violations of §§ 1 and 2 of the Sherman Act 1 and for engaging in unfair trade practices, a common-law tort theory. Jurisdiction over the Sherman Act claims is undisputed. Pendent jurisdiction is invoked as to the state law tort claim.

Defendants again 2 move to dismiss plaintiff’s…

2Cases cited45 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  4. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  5. Jenkins v. McKeithenSupreme Court of the United States · 1969

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

3Cited by11 opinions

  1. Grams v. BossWisconsin Supreme Court · 1980
  2. Northwest Power Products, Inc. v. Omark Industries, Inc., Bob Wooten, and Bosco Fastening Service Center, Inc.Court of Appeals for the Fifth Circuit · 1978
  3. Robert's Waikiki U-Drive, Inc. v. Budget Rent-A-Car Systems, Inc.District Court, D. Hawaii · 1980
  4. Stifel, Nicolaus & Co. v. Dain, Kalman & Quail, Inc.Court of Appeals for the Eighth Circuit · 1978
  5. Gunther v. Iowa State Men's ReformatoryDistrict Court, N.D. Iowa · 1979

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

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