BATES

v.

MCCARTHY, WARDEN

Citator

Cited By

• Chapman v. United States, 547 F.2d 1240 (5th Cir. 1977)
• Quabaug Rubber Co. v. Fabiano Shoe Co., Inc., 567 F.2d 154 (1st Cir. 1977)
  …tion, the aggrieved party must show that it suffered actual harm to its business.15 Electronics Corp. of America v. Honeywell, Inc., 358 F.Supp. 1230, 179 USPQ 73 (D.Mass.), aff’d per curiam, 487 F. 2d 513, 180 USPQ 97 (1st Cir. 1973), cert, denied, 415 U.S. 960, 94 S.Ct. 1491, 39 L.Ed.2d 575, 181 USPQ 75 (1974). A precise showing is not required, and a diversion of sales, for example, would suffice. See H. A. Friend & Co. v. Friend & Co., 276 F.Supp. 707, 156 USPQ 306 (C.D.Cal.1967), aff’d, 416 F. 2d 526,…
• Cannon v. The Univ. OF Chicago, 559 F.2d 1063 (7th Cir. 1976)
  …he conclusion that its conduct, which is unaffected by such support or such regulation, is governed by § 1983.” Id. at 761. See also Driscoll v. International Union of Operating Engineers, Local 139, 484 F. 2d 682, 690 (7th Cir. 1973), cert. denied 415 U.S. 960, 94 S.Ct. 1490, 39 L.Ed.2d 375 (1974) (“To be regulable under constitutional standards through § 1331 or § 1983, the very activity of a private entity which a plaintiff challenges must be supported by state action that significantly fosters or encou…