JONES ET AL.

v.

GAINES

Citator

Cited By (17 total)

• Ill. Brick Co. v. Illinois, 431 U.S. 720 (U.S. 1977)
  …id., at 494, a policy that would be furthered by allowing plaintiffs but not defendants to use pass-on theories. See, e. g., In re Western Liquid Asphalt Cases, 487 F. 2d 191, 197 (CA9 1973), cert. denied sub nom. Standard Oil Co. of Cal. v. Alaska, 415 U. S. 919 (1974); Brief for United States as Amicus Curiae 4-6, 12-13, 17-19.14 We do not read the Court’s [*734] concern in Hanover Shoe for the effectiveness of the treble-damages remedy as countenancing unequal application of the Court’s pass-on rule. Rath…

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• In re Beef Indus. Antitrust Litig. v. The Great Atl. & Pac. TEA Co., 600 F.2d 1148 (5th Cir. 1979)
  …control” exception in Illinois Brick. In footnote 16 of Illinois Brick the Court suggested the intended scope of the “control” exception by citing the Ninth Circuit’s decision in In re Western Liquid Asphalt Cases, 1973, 487 F. 2d 191, cert. denied, 415 U.S. 919, 94 S.Ct. 1419, 39 L.Ed.2d 474. In that case there was evidence tending to show that the defendants controlled their direct customers “either through acquisition of stock, or indirectly through various financial arrangements, including credit”. Id.…
• Yoder Bros., Inc. v. California-Florida Plant Corp., 537 F.2d 1347 (5th Cir. 1976)
  …ng on concept fall into two categories: so-called offensive use of passing on, and defensive use. Typical of the offensive use cases is In re Western Liquid Asphalt Cases, 9 Cir. 1973, 487 F. 2d 191, cert. denied sub nom. Standard Oil Co. v. Alaska, 415 U.S. 919, 94 S.Ct. 1419, 39 L.Ed.2d 474. In that group of cases, the passing on issue arose in the context of the question whether the remote purchaser would have standing to sue.27 Hanover Shoe itself exemplified defensive use of passing on, where the quest…