Legal Opinion

Hospital Building Company, Federation of American Hospitals, Amicus Curiae v. Trustees of the Rex Hospital, a Corporation

Court of Appeals for the Fourth Circuit

Decided February 18, 1975No. 73--1627PublishedCited by 37 opinions

1Opinion of the Court

CRAVEN, Circuit Judge:

In this action filed pursuant to sections 4 and 16 of the Clayton Act, 15 U.S.C. §§ 15 & 26, appellant Hospital Building Corporation (HBC) sought treble damages in excess of $2 million and injunctive relief for alleged violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 & 2. The sole question before us is whether the district court erred when it dismissed HBC’s amended complaint on the ground that it failed to allege a sufficient nexus with interstate commerce to invoke the Sherman Act.

I

The motion to dismiss was lodged under Rule 12(b)(1) and (6) of the…

2Cases cited25 opinions

  1. Apex Hosiery Co. v. LeaderSupreme Court of the United States · 1940
  2. United States v. Oregon State Medical SocietySupreme Court of the United States · 1952
  3. Mandeville Island Farms, Inc. v. American Crystal Sugar Co.Supreme Court of the United States · 1948
  4. United States v. Yellow Cab Co.Supreme Court of the United States · 1947
  5. Gulf Oil Corp. v. Copp Paving Co.Supreme Court of the United States · 1974

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

3Cited by37 opinions

  1. Hospital Building Co. v. Trustees of Rex HospitalSupreme Court of the United States · 1976
  2. Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
  3. Adams v. BainCourt of Appeals for the Fourth Circuit · 1982
  4. Thornhill Publishing Company, Inc. v. General Telephone & Electronics CorporationCourt of Appeals for the Ninth Circuit · 1979
  5. Adams v. BainCourt of Appeals for the Fourth Circuit · 1982

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

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