Locker v. American Tobacco Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. On writ of error to the District Court for the Southern District of New York to review a judgment in favor of the defendants. The complaint was dismissed, as to the defendants Blackwell’s Durham Tobacco Company and the American Snuff Company and a verdict was directed in favor of the American Tobacco Company and the Metropolitan Tobacco Company.
Read the full summary
In Error to the District Court of the United States for the Southern District of New York. On writ of error to the District Court for the Southern District of New York to review a judgment in favor of the defendants. The complaint was dismissed, as to the defendants Blackwell’s Durham Tobacco Company and the American Snuff Company and a verdict was directed in favor of the American Tobacco Company and the Metropolitan Tobacco Company. An action similar to this was brought in the state courts and the complaint was dismissed. The dismissal was sustained by the New York Court of Appeals. 195 N.…
1Opinion of the Court
COXE, Circuit Judge.
The suit is brought under section 7 of the Anti-Trust Act, which is as follows:
“Sec. 7. Any person who shall be injured in his business or property by any other person or corporation by reason of anything forbidden or declared to be unlawful by this act may sue therefor in any circuit court of the United States in the district in which the defendant resides or is found, without respect to the amount in controversy, and shall recover threefold the damages by him sustained, and the costs of the suit, .including a reasonable attorney’s fees.”
[1] It matters not that certain of…
2Cited by23 opinions
- Keogh v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1922
- Straus v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1924
- Maltz v. SaxCourt of Appeals for the Seventh Circuit · 1943
- Beegle v. ThomsonCourt of Appeals for the Seventh Circuit · 1943
- Westor Theatres, Inc. v. Warner Bros. Pictures, Inc.District Court, D. New Jersey · 1941
18 more not listed; retrieve them via the Exa API.