Legal Opinion
Kirihara v. Bendix Corporation
District Court, D. Hawaii
Decided October 21, 1969No. Civ. 2819PublishedCited by 15 opinions
1Opinion of the Court
PENCE, Chief Judge.
STATEMENT OF THE CASE
To this action for treble damages brought under § 4 of the Clayton Act, defendants, at the pleading stage, have moved to dismiss under Rule 12(b), F.R.Civ.P., for failure to state a cause of action.
Plaintiff’s amended complaint alleges that he, Kirihara, for some thirty years prior to May 23, 1967, was the exclusive warehouse distributor in Hawaii of Fram brand Automotive Oil Filters. He sells auto parts, but sales from Fram filters represented the major portion of his business and was the only brand of oil filters which he stocked and sold.
Defendant…
2Cases cited64 opinions
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1969
- Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
- United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956
- American Tobacco Co. v. United StatesSupreme Court of the United States · 1946
59 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
- Burdett Sound, Inc. v. Altec CorporationCourt of Appeals for the Fifth Circuit · 1975
- John Lenore & Company, Model Distributing Company, John P. Lenore and Robert E. Livingston v. Olympia Brewing CompanyCourt of Appeals for the Ninth Circuit · 1977
- International Telephone & Telegraph Corp. v. General Telephone & Electronics Corp.District Court, D. Hawaii · 1972
- Helix Milling Company v. Terminal Flour Mills Co. And General Foods CorporationCourt of Appeals for the Ninth Circuit · 1975
10 more not listed; retrieve them via the Exa API.