Legal Opinion
NicSand, Inc. v. 3M Co.
Court of Appeals for the Sixth Circuit
Decided October 17, 2007No. 05-3431PublishedCited by 124 opinions
1Opinion of the CourtSutton, J.
J., SILER, BATCHELDER, GILMAN, GIBBONS, ROGERS, COOK, McKEAGUE, and GRIFFIN, JJ., joined. MARTIN, J. (pp. 459-70), delivered a separate dissenting opinion, in which DAUGHTREY, COLE, and CLAY, JJ., joined.
*447OPINION
SUTTON, Circuit Judge.
Between 1987 and 2001, NicSand and 3M were the only nationwide suppliers in the market for do-it-yourself automotive sandpaper, and they competed for the business of six large retailers, which controlled 80% of the market and which (with one exception) offered their shelf space on an exclusive basis for a year at a time. NicSand developed this niche market and…
2Cases cited25 opinions
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- Associated General Contractors of California, Inc. v. California State Council of CarpentersSupreme Court of the United States · 1983
- Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.Supreme Court of the United States · 1977
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3Cited by124 opinions
- Total Benefits Planning Agency, Inc. v. Anthem Blue Cross & Blue ShieldCourt of Appeals for the Sixth Circuit · 2008
- ZF Meritor LLC v. Eaton CorporationCourt of Appeals for the Third Circuit · 2012
- Ohio Ex Rel. Skaggs v. BrunnerCourt of Appeals for the Sixth Circuit · 2008
- Race Tires America, Inc. v. Hoosier Racing Tire Corp.Court of Appeals for the Third Circuit · 2010
- Gatt Communications, Inc. v. PMC Associates, L.L.C.Court of Appeals for the Second Circuit · 2013
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