Legal Opinion

John Evans, Trustee in Bankruptcy for Hempfield Stores, Inc., a Bankrupt v. S. S. Kresge Company, a Foreign Corporation

Court of Appeals for the Third Circuit

Decided November 2, 1976No. 75-1782 and 76-1181PublishedCited by 37 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge.

This appeal requires us to examine the business and license arrangement into which the parties entered to determine if the price and product restrictions imposed upon the licensee constituted an antitrust violation. We conclude that we have jurisdiction to conduct this inquiry and that the defendants did not violate Section 1 of the Sherman Anti-Trust Act by their marketing requirements.

The plaintiff, trustee in bankruptcy for Hempfield Stores, Inc. (“Hempfield”), brought this treble-damages suit under Section 4 of the Clayton Act, 15 U.S.C. § 15,…

2Cases cited27 opinions

  1. Hospital Building Co. v. Trustees of Rex HospitalSupreme Court of the United States · 1976
  2. Northern Pacific Railway Co. v. United StatesSupreme Court of the United States · 1958
  3. Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
  4. Board of Trade of Chicago v. United StatesSupreme Court of the United States · 1918
  5. United States v. Topco Associates, Inc.Supreme Court of the United States · 1972

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

3Cited by37 opinions

  1. Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
  2. Mortensen v. First Federal Savings And Loan AssociationCourt of Appeals for the First Circuit · 1977
  3. James McCoy (Yazoo) Smith v. Pro Football, Inc., a Maryland Corporation, A/K/A Washington Redskins and the National Football League, (Two Cases)Court of Appeals for the D.C. Circuit · 1979
  4. Bunker Ramo Corporation, a Delaware Corporation v. United Business Forms, Inc., an Illinois Corporation, and Edward M. Reif, and Marvin H. CywanCourt of Appeals for the Seventh Circuit · 1983
  5. Harold Friedman Inc. v. Thorofare Markets Inc. And Union Real Estate CompanyCourt of Appeals for the Third Circuit · 1978

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

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