Legal Opinion

The State of California, on Behalf of Itself and All Others Similarly Situated, and as Parens Patriae v. Frito-Lay, Inc.

Court of Appeals for the Ninth Circuit

Decided May 21, 1973No. 72-1269PublishedCited by 35 opinions

1Opinion of the Court

MERRILL, Circuit Judge:

This interlocutory appeal, allowed under 28 U.S.C. § 1292(b), is taken from an order of the District Court, 333 F. Supp. 977, denying appellants’ motion to dismiss the second cause of action stated by California in its complaint to recover treble damages under § 4 of the Clayton Act, 15 U.S.C. § 15. 1 The suit was brought against twelve manufacturers of “snack foods,” charging a conspiracy to fix and maintain prices in violation of the Sherman Act, 15 U.S.C. § 1.

The state’s second cause of action reads as follows:

“The State of California, as sovereign, agent and…

2Cases cited11 opinions

  1. Hawaii v. Standard Oil Co. of Cal.Supreme Court of the United States · 1972
  2. Pennsylvania v. West VirginiaSupreme Court of the United States · 1923
  3. Georgia v. Pennsylvania RailroadSupreme Court of the United States · 1945
  4. New Hampshire v. LouisianaSupreme Court of the United States · 1883
  5. North Dakota v. MinnesotaSupreme Court of the United States · 1923

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

3Cited by35 opinions

  1. In Re Multidistrict Vehicle Air Pollution M.D.L. No. 31. State of California v. Automobile Manufacturers Association, Inc., Robert Morgan v. Automobile Manufacturers Association, Inc., City of Philadelphia v. Automobile Manufacturers Association, Inc., State of New York v. Automobile Manufacturers Association, Inc., City of New York v. Automobile Manufacturers Association, Inc., City and County of Denver v. American Motors CorporationCourt of Appeals for the Ninth Circuit · 1973
  2. Commonwealth of Pennsylvania, by William Sheppard, Insurance Commissioner v. National Association of Flood Insurers, an Unincorporated AssociationCourt of Appeals for the Third Circuit · 1975
  3. Freedman v. Amalgamated Sugar Co.District Court, E.D. Pennsylvania · 1976
  4. Louisiana Ex Rel. Caldwell v. Allstate InsuranceCourt of Appeals for the Fifth Circuit · 2008
  5. Pfizer, Inc. v. LordCourt of Appeals for the Eighth Circuit · 1975

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

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