Legal Opinion
Paul Kadair, Inc., D/B/A Paul Kadair's Home & Commercial Audio, Plaintiff v. Sony Corporation of America
Court of Appeals for the Fifth Circuit
Decided January 3, 1983No. 80-3972PublishedCited by 95 opinions
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge.
The issue presented by this appeal is a narrow, yet difficult one given the peculiar posture and particular facts of the case as developed in the court below. Specifically: did the district court abuse its discretion in denying appellant’s request for discovery, pursuant to Fed.R.Civ.P. 56(f) affidavits, on the ground of dilatoriness, followed by the dismissal of appellant’s conclusory complaint under Section 1 of the Sherman Act, 15 U.S.C. § 1, alleging an unlawful concerted refusal to deal. Although a partial stay of discovery was in effect for all but one…
2Cases cited20 opinions
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Hospital Building Co. v. Trustees of Rex HospitalSupreme Court of the United States · 1976
- United States v. Colgate & Co.Supreme Court of the United States · 1919
- Theatre Enterprises, Inc. v. Paramount Film Distributing Corp.Supreme Court of the United States · 1954
15 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Marian Fontenot, Etc. v. The Upjohn CompanyCourt of Appeals for the Fifth Circuit · 1986
- Burlington Coat Factory Warehouse Corporation v. Esprit De Corp. And Federated Department Stores, Inc.Court of Appeals for the Second Circuit · 1985
- Frank Landry v. Air Line Pilots Association International Afl-Cio, Taca Airlines, S.A. And Charles J. HuttingerCourt of Appeals for the Fifth Circuit · 1990
- Fed. Sec. L. Rep. P 97,451 Jerry Krim, on Behalf of Himself and All Others Similarly Situated v. Banctexas Group, Inc., Banctexas Group, Inc.Court of Appeals for the Fifth Circuit · 1993
- Clyde E. Williamson, D/B/A Triangle 44 Farms v. United States Department of AgricultureCourt of Appeals for the Fifth Circuit · 1987
90 more not listed; retrieve them via the Exa API.