Legal Opinion

United Copper Securities Co. v. Amalgamated Copper Co.

Court of Appeals for the Second Circuit

Decided April 11, 1916No. 120PublishedCited by 57 opinions

In Error to the District Court of the United States for the Southern District of New York. Action by the United Copper Securities Company against the Amalgamated Copper Company and others. The complaint was ordered dismissed, and plaintiff brings error.

1Opinion of the Court

WARD, Circuit Judge.

This is a writ of error to a judgment dismissing the complaint in an action to recover treble damages under section 7 of the Sherman Act. Owing to orders made from time to time sustaining objections to the successive complaints, the one dismissed, the third amended complaint, was the fourth in number served.

[1] As the plaintiff was compelled to plead in accordance with these orders, from which there can be no writ or error in the federal court until after final judgment, and as they are a part of the record brought up by the writ of error, we must consider the assignments…

2Cases cited5 opinions

  1. Chattanooga Foundry & Pipe Works v. City of AtlantaSupreme Court of the United States · 1906
  2. Smith v. AlabamaSupreme Court of the United States · 1888
  3. Schreiber v. SharplessSupreme Court of the United States · 1884
  4. Moore v. United StatesSupreme Court of the United States · 1876
  5. The United States v. James and John G. Daniel, Executors of Beverly Daniel, Late U. S. MarshalSupreme Court of the United States · 1847

3Cited by57 opinions

  1. Karseal Corporation v. Richfield Oil CorporationCourt of Appeals for the Ninth Circuit · 1955
  2. Conference of Studio Unions v. Loew's Inc.Court of Appeals for the Ninth Circuit · 1952
  3. Ring v. SpinaCourt of Appeals for the Second Circuit · 1945
  4. Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
  5. Barnes Coal Corp. v. Retail Coal Merchants Ass'nCourt of Appeals for the Fourth Circuit · 1942

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