Legal Opinion

Hornsby Oil Company, Inc., Cross-Appellant v. Champion Spark Plug Company, Inc., Cross-Appellee

Court of Appeals for the Fifth Circuit

Decided October 19, 1983No. 81-2383PublishedCited by 33 opinions

1Opinion of the Court

POLITZ, Circuit Judge:

Hornsby Oil Company, Inc. (Hornsby) sued Champion Spark Plug Company, Inc. (Champion) under sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2, claiming that Champion unlawfully terminated its distributorship due to its noncompliance with territorial and product restrictions, and monopolized, conspired to monopolize and attempted to monopolize the market in automotive replacement spark plugs. Champion counterclaimed, seeking payment of $27,961.01 for goods sold to Hornsby in February 1976. Following a lengthy trial, the magistrate 1 denied defendant’s motion for…

2Cases cited38 opinions

  1. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  2. United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956
  3. Continental T. v. Inc. v. GTE Sylvania Inc.Supreme Court of the United States · 1977
  4. Board of Trade of Chicago v. United StatesSupreme Court of the United States · 1918
  5. National Society of Professional Engineers v. United StatesSupreme Court of the United States · 1978

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3Cited by33 opinions

  1. L.A. Draper & Son v. Wheelabrator-Frye, Inc., a Corporation Hessco Industrial Supply, Inc., a Corporation Fred Z. Hester, an IndividualCourt of Appeals for the Eleventh Circuit · 1984
  2. The Domed Stadium Hotel, Inc., D/B/A Holiday Inn-Superdome v. Holiday Inns, Inc.Court of Appeals for the Fifth Circuit · 1984
  3. George Pierce and Jeff Pierce, Individually and D/B/A Pierce Sales, a Partnership v. Ramsey Winch Company, a Foreign Corp.Court of Appeals for the Fifth Circuit · 1985
  4. William H. Sullivan II v. National Football League, & Members of the National Football LeagueCourt of Appeals for the First Circuit · 1994
  5. Doctor's Hospital of Jefferson, Inc. v. Southeast Medical Alliance, Inc.Court of Appeals for the Fifth Circuit · 1997

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