Legal Opinion

Commissioner of Internal Revenue v. Obear-Nester Glass Company

Court of Appeals for the Seventh Circuit

Decided November 15, 1954No. 11140PublishedCited by 15 opinions

1Opinion of the Court

SWAIM, Circuit Judge.

The respondent, Obear-Nester Glass Company, a Missouri corporation whose principal place of business is in Illinois, brought suit against the Hartford-Empire Company for treble damages under the federal anti-trust laws. 15 U.S.C.A. § 1 et seq. The Hartford-Empire Company eventually paid petitioner $1,000,-000 in full settlement of the claim. The parties agree that one-third of the settlement represents respondent’s actual damages but not a recovery of capital, while the remainder represents punitive (treble) damages recoverable under the antitrust laws.

Of this recovery,…

2Cases cited20 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Helvering v. CliffordSupreme Court of the United States · 1940
  3. Eisner v. MacOmberSupreme Court of the United States · 1920
  4. Eisner, Internal Revenue Collector v. MacOmberSupreme Court of the United States · 1919
  5. Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895

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3Cited by15 opinions

  1. Thomas Ricci v. Chicago Mercantile Exchange, an Illinois Not-For-Profit CorporationCourt of Appeals for the Seventh Circuit · 1971
  2. Thomson v. CommissionerCourt of Appeals for the Ninth Circuit · 1969
  3. Moore v. United StatesSupreme Court of the United States · 2024
  4. Moore v. United StatesSupreme Court of the United States · 2024
  5. Ione Thomson, Cynthia Farver, Walter Thomson, Trustees for Dissolved Aero Sales Co. v. Commissioner of Internal Revenue, Walter Thomson and Ione Thomson v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1969

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