Legal Opinion

Virtue v. Creamery Package Manufacturing Co.

Supreme Court of the United States

Decided January 20, 1913No. 80PublishedCited by 120 opinions

ERROR TO THE CIRCUIT COURT OP APPEALS FOR THE EIGHTH CIRCUIT. The facts, which involve the construction of § 7 of the Sherman Anti-trust Act and what constitutes an illegal combination thereunder, are stated in the opinion. It is not necessary to prove the commission of any tort, wrongful act or crime on the part of defendants, aside from what is prohibited by the terms of the Sherman.

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ERROR TO THE CIRCUIT COURT OP APPEALS FOR THE EIGHTH CIRCUIT. The facts, which involve the construction of § 7 of the Sherman Anti-trust Act and what constitutes an illegal combination thereunder, are stated in the opinion. It is not necessary to prove the commission of any tort, wrongful act or crime on the part of defendants, aside from what is prohibited by the terms of the Sherman. Anti-trust Act, in order to make the défendants liablé in damages to the plaintiffs in. this action. Loewe v.. Lawlor, 208 U. S. 274; Montague v. Lowry, 193 U. S. 38; Chattanooga F. & P. Works v. Atlanta, 203…

1Opinion of the CourtJustice McKenna

Action for the recovery of damages in the sum of $406,881.60, being the total of certain specific items mentioned in the complaint, and for all other damages sustained by plaintiffs (so designated throughout this opinion) by virtue of the facts stated, including all sums that they are entitled to under the provisions off the Sherman Antitrust Act, July 2, 1890, 26 Stat. 209, c. 647, together with an attorney’s fee. The grounds of recovery are set forth in the complaint, which, inclusive of exhibits, occupies 150 pages of the record, and seems to make impossible any attempt at brevity or…

2Cases cited1 opinion

  1. Standard Sanitary Manufacturing Co. v. United StatesSupreme Court of the United States · 1912

3Cited by120 opinions

  1. C.R. Bard, Inc. v. M3 Systems, Inc.Court of Appeals for the Federal Circuit · 1998
  2. Standard Oil Co. (Indiana) v. United StatesSupreme Court of the United States · 1931
  3. Zenith Electronics Corporation, and Elo Touchsystems, Inc. v. Exzec, Inc.Court of Appeals for the Federal Circuit · 1999
  4. Kobe, Inc. v. Dempsey Pump Co. Dempsey Pump Co. v. Kobe, Inc.Court of Appeals for the Tenth Circuit · 1952
  5. Sound Ship Building Corp v. Bethlehem Steel Company (Incorporated)Court of Appeals for the Third Circuit · 1976

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