MORGAN
v.
AUTOMOBILE MANUFACTURERS ASSN., INC., ET AL.

U.S. | 1973-11-19
No. 73-394
Mr. Justice Douglas and Mr. Justice White would grant certiorari. Mr. Justice Powell took no part in the consideration or decision of this petition.
414 U.S. 1045 Supreme Court of the United States (1973) Positive Treatment
Cited by 58 cases

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Cited By (56 total)

  • …ueblo Bowl-O-Mat, Inc., 429 U.S. 477, 489, 97 S.Ct. 690, 50 L.Ed.2d 701 (1977); John Lenore & Co. v. Olympia Brewing Co., 550 F. 2d at 498-99; In re Multidistrict Vehicle Air Pollution M.D.L. No. 31, 481 F. 2d 122, 125 (9th Cir. 1973), cert. denied, 414 U.S. 1045, 94 S.Ct. 551, 38 L.Ed.2d 336 (1975). The plaintiff’s burden of proving the former is satisfied by proof of some damage flowing from the antitrust violation. Zenith Radio Corp. v. Hazeltine Research Inc., 395 U.S. 100, 114 n.9, 89 S.Ct. 1562, 23 L.E…
  • …t cites our decisions in Talon, Inc. v. Union Slide Fastener, Inc., 266 F. 2d 731, 739-40 (9th Cir. 1959), and In re Multidistrict Vehicle Air Pollution, 481 F. 2d 122, 130 (9th Cir.), cert. denied, sub nom. Morgan v. Automobile Manufacturers Ass’n, 414 U.S. 1045, 94 S.Ct. 551, 38 L.Ed.2d 336 (1973), as well as case law from other jurisdictions. The statement in Talon, Inc. to the effect that attorneys’ fees could not be awarded in § 16 cases was dictum.98 The statement in Multidistrict Vehicle Air Pollutio…
  • …sector of the economy is more easily stated than applied. The Ninth Circuit suggested one approach in In Re Multidistrict Vehicle Air Pollution M.D.L. No. 31, 9 Cir., 481 F. 2d 122, 129, cert. denied sub nom. Morgan v. Automobile Mfr’s Ass’n, 1973, 414 U.S. 1045, 94 S.Ct. 551, 38 L.Ed.2d 336: A proper application of “by reason of” focuses on whether the anti-competitive conduct directed against an area of the economy injured business operations conducted by the claimant in that sector of the economy. The r…

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