O'BRIEN

v.

DUTCHIE, INC.

Citator

Cited By (28 total)

• Consol. Express, Inc. v. NEW York Shipping Ass'n, Inc., 602 F.2d 494 (3d Cir. 1979)
  …conduct illegal under federal labor law can claim no immunity from antitrust sanctions. In support of the contrary position the appellees rely principally upon Commerce Tankers Corp. v. National Maritime Union, 553 F. 2d 793 (2d Cir.), cert. dnied, 434 U.S. 923, 98 S.Ct. 400, 54 L.Ed.2d 280 (1977). There, as here, a clause in a collective bargaining agreement had been held to be in violation of § 8(e) in a prior NLRB proceeding. There, as here, the injured party argued that the NLRB’s finding of illegality…

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• Arnott v. The Am. OIL Co., 609 F.2d 873 (8th Cir. 1979)
  …it did so in spite of, not in furtherance of, the terms of their agreement. Theirs was simply not a contract in restraint of trade. . Examples of this process may be found in Call Carl, Inc. v. BP Oil Corp., 554 F. 2d 623 (4th Cir.), cert. denied, 434 U.S. 923, 98 S.Ct. 400, 54 L.Ed.2d 280 (1977); Knutson v. Daily Review, Inc., 548 F. 2d 795 (9th Cir. 1976), cert. denied, 433 U.S. 910, 97 S.Ct. 2977, 53 L.Ed.2d 1094 (1977); and McGuire v. Times Mirror Co., 405 F.Supp. 57 (C.D.Cal.1975).…
• Bonjorno v. Kaiser Aluminum & Chem. Corp., 752 F.2d 802 (3d Cir. 1984)
  …eparated from the issues on damages. We believe that Kaiser has confused the questions of causation and calculation of damages. Causation is an element of liability in this case. See REA v. Ford Motor Co., 560 F. 2d 554, 557 (3d Cir.), cert. denied, 434 U.S. 923, 98 S.Ct. 401, 54 L.Ed.2d 281 (1977). The liability jury properly found causation from only those acts which could evince the defendants’ willful acquisition or maintenance of a monopoly. See Brunswick Corp. v. Pueblo Bowling Mat, Inc., 429 U.S. 477…