Legal Opinion
Harvey v. Fearless Farris Wholesale, Inc.
Court of Appeals for the Ninth Circuit
Decided January 10, 1979No. 77-2442PublishedCited by 50 opinions
1Opinion of the Court
VAN DUSEN, Circuit Judge.
This dispute arose during a nationwide gasoline shortage in 1973. The appeal from summary judgment in favor of defendants raises these questions:
A. Does the evidence show a conspiracy in restraint of trade, in violation of 15 U.S.C. § 1, on the part of corporations, all of which were wholly owned and controlled by á single person?
*452B. Did an enforceable oral contract of sale exist between the parties, so as to require the seller to allocate a portion of its supplies to the buyer during the period of shortage?
C. Was summary judgment improper on this record?
The district…
2Cases cited46 opinions
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Poller v. Columbia Broadcasting System, Inc.Supreme Court of the United States · 1962
- Perma Life Mufflers, Inc. v. International Parts Corp.Supreme Court of the United States · 1968
- Kiefer-Stewart Co. v. Joseph E. Seagram & Sons, Inc.Supreme Court of the United States · 1951
41 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc., William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc.Court of Appeals for the Ninth Circuit · 1982
- Pan-Islamic Trade Corporation v. Exxon CorporationCourt of Appeals for the Fifth Circuit · 1980
- Hunt-Wesson Foods, Inc. v. Ragu Foods, Inc. And Chesebrough-Pond's, Inc.Court of Appeals for the Ninth Circuit · 1980
- Barnes v. Arden Mayfair, Inc.Court of Appeals for the Ninth Circuit · 1985
- James R. Smith, M.D. v. Northern Michigan Hospitals, Inc.Court of Appeals for the Sixth Circuit · 1983
45 more not listed; retrieve them via the Exa API.