Legal Opinion

Neumann v. Bastian-Blessing Co.

District Court, N.D. Illinois

Decided July 25, 1946No. Civ. A. 46 C 440PublishedCited by 3 opinions

1Opinion of the Court

LA BUY, District Judge.

Defendants have filed a motion under Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to dismiss the complaint on the ground it fails to state a claim upon which relief can be granted. The complaint herein contains eight counts.

- [1] The first count is brought under section 15 of the Clayton Act, 15 U.S.C.A. § 25, allowing any person injured by reason of violations of the Sherman Anti-Trust Act, 15 U.S.C.A. § 1 et seq., to bring suit. It is well stated by both parties herein that the elements necessary to found such a suit are (1) a…

2Cases cited9 opinions

  1. Loewe v. LawlorSupreme Court of the United States · 1908
  2. Walker v. BrownIllinois Supreme Court · 1862
  3. Kraus v. General Motors CorporationDistrict Court, S.D. New York · 1939
  4. Lasher v. LittellIllinois Supreme Court · 1903
  5. Catanzaritti v. BiancoDistrict Court, M.D. Pennsylvania · 1938

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3Cited by3 opinions

  1. Tivoli Realty, Inc. v. Paramount Pictures, Inc.District Court, D. Delaware · 1948
  2. Sunbeam Corp. v. Payless Drug StoresDistrict Court, N.D. California · 1953
  3. Mather-Smith v. FairchildDistrict Court of Appeal of Florida · 1961

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