Legal Opinion

Cummer-Graham Co. v. Straight Side Basket Corp.

Court of Appeals for the Fifth Circuit

Decided May 9, 1944No. 10756PublishedCited by 10 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

The appellant sued appellee for damages growing out of a breach of oral promises to maintain a uniform price fixed by appellee to be charged for all baskets made and sold by all licensees under a patent owned by appellee which covered an attachment for basket-making machines. The suit was dismissed on motion mainly on the ground that the agreements were in restraint of commerce and illegal under the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1 and 2, as respects interstate commerce, and as respects intrastate commerce under the Texas anti-trust statutes, Vernon’s Ann. Civil…

2Cases cited10 opinions

  1. Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1939
  2. United States v. Bausch & Lomb Optical Co.Supreme Court of the United States · 1944
  3. United States v. General Electric Co.Supreme Court of the United States · 1926
  4. United States v. Masonite Corp.Supreme Court of the United States · 1942
  5. Bement v. National Harrow Co.Supreme Court of the United States · 1902

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3Cited by10 opinions

  1. United States v. Line Material Co.Supreme Court of the United States · 1948
  2. United States v. General Electric Co.District Court, D. New Jersey · 1949
  3. Susser v. Carvel CorporationDistrict Court, S.D. New York · 1962
  4. United States v. Studiengesellschaft Kohle, M.B.H., Director Max Planck, Institut Fur Kohlenforschung, Hercules IncorporatedCourt of Appeals for the D.C. Circuit · 1981
  5. United States v. General Electric Co.District Court, S.D. New York · 1948

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