D. C. HALL CO.

v.

STATE HIGHWAY COMMISSION OF TEXAS

Citator

Cited By

• Hanover Shoe, Inc. v. United Shoe Mach. Corp., 392 U.S. 481 (U.S. 1968)
  …ting from Southern Pacific Co. v. Darnell-Taenzer Lumber Co., 245 U. S. 531, 533 (1918)). The Court of Appeals heard an interlocutory appeal pursuant to 28 U. S. C. § 1292 (b) and affirmed. 281 F. 2d 481 (C. A. 3d Cir. 1960). Certiorari was denied. 364 U. S. 901 (1960). United preserved the issue and presented it again to the Court of Appeals in appealing the treble-damage judgment entered after trial of the main case. The Court of Appeals adhered to the principles of its prior decision. United brought the…
• Ill. Brick Co. v. Illinois, 431 U.S. 720 (U.S. 1977)
  …l pursuant to Fed. Rule Civ. Proc. 42(b), the District Court held that the defendant shoe machinery manufacturer was not permitted to assert a pass-on defense against its customer. 185 F. Supp. 826 (MD Pa.), aff’d, 281 F. 2d 481 (CA3), cert. denied, 364 U. S. 901 (1960). The District Court indicated that pass-on defenses were barred against “consumers” who use the defendant’s product to make their own but not against “middlemen” who simply resell the defendant’s product. 185 F. Supp., at 830-831. Both on int…
• The Hanover Shoe, Inc. v. United Shoe Mach. Corp., 377 F.2d 776 (3d Cir. 1967)
  …ld result in a windfall to Hanover, stating that Congress had imposed this rigorous penalty and any modification was for it to make and not for the courts. Hanover Shoe, Inc. v. United Shoe Machinery Corp., 281 F. 2d 481 (3 Cir. 1960), cert. denied, 364 U.S. 901, 81 S.Ct. 234, 5 L.Ed.2d 194 (1960). After a subsequent trial without a jury, Chief Judge Sheridan on April 28, 1965 filed a comprehensive opinion holding that Hanover was entitled to recover treble damages for the excess of the leasing costs over…

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