MCGURREN

v.

ETTELSON ET AL.

Citator

Cited By (31 total)

• SOO Line R.R. Co. v. Fruehauf Corp., 547 F.2d 1365 (8th Cir. 1977)
  …sly provides nor even implies that a failure to exercise the right of inspection constitutes a waiver of any other contractual remedy. See generally United States v. Franklin Steel Products, Inc., 482 F. 2d 400, 403-04 (9th Cir. 1973), cert. denied, 415 U.S. 918, 94 S.Ct. 1416, 39 L.Ed.2d 472 (1974). When the right to inspect arises after the creation of the contract, as in the instant case, acceptance of goods, even with knowledge that they do not conform to the contract, may preclude rejection but it do…
• RON Tonkin Gran Turismo, Inc. v. Fiat Distribs., Inc., 637 F.2d 1376 (9th Cir. 1981)
  …tue. The simple use of labels cannot suffice, because this would create the possibility that reasonable concerted activity would be proscribed. See Worthen Bank & Trust Co. v. National Bankamericard Inc., 485 F. 2d 119, 125 (CA8 1973), cert. denied, 415 U.S. 918, 94 S.Ct. 1417, 39 L.Ed.2d 473 (1974). The broad language of Klor’s and General Motors is not helpful in resolving this case. Two recent Second Circuit decisions are instructive. In Oreck Corporation v. Whirlpool Corporation, 579 F. 2d 126 (CA2 197…
• James McCoy (Yazoo) Smith v. PRO Football, Inc., 593 F.2d 1173 (D.C. Cir. 1978)
  …703, 85 L.Ed. 949 (1941) (invoking boycott per se rule where manufacturers induced retailers not to buy from competing manufacturers). See Worthen Bank & Trust Co. v. National BankAmericard, Inc., 485 F. 2d 119, 124-25 (8th Cir. 1973), cert. denied, 415 U.S. 918, 94 S.Ct. 1417, 39 L.Ed.2d 473 (1974) (“group boycott” label, with consequent finding of per se illegality, properly restricted to (1) horizontal combinations to exclude competitors; (2) vertical combinations to exclude competitors; (3) combinations…

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