HATCHER ET AL.

v.

UNITED STATES

Citator

Cited By (52 total)

• William Inglis & Sons Baking Co. v. ITT Cont'l Baking Co., Inc., 668 F.2d 1014 (9th Cir. 1981)
  …onopolize, and hence probability of success, cannot be inferred from conduct alone unless the conduct is exclusionary or otherwise restrains trade. See Hunt-Wesson Foods, Inc. v. Ragu Foods, Inc., 627 F. 2d 919, 925-26 (9th Cir. 1980), cert. denied, 450 U.S. 921, 101 S.Ct. 1369, 67 L.Ed.2d 348 (1981); California Computer Prods, v. IBM, 613 F. 2d 727, 743 (9th Cir. 1979); Janich, supra, 570 F. 2d at 857; Greyhound Computer Corp. v. IBM, 559 F. 2d 488, 505 (9th Cir. 1977), cert. denied, 434 U.S. 1040, 98 S.Ct…
• Forro Precision, Inc. v. Int'l Bus. Machs. Corp., 673 F.2d 1045 (9th Cir. 1982)
  …tion about the market, a 35% market share, and particularly a declining 35% market share, provides little or no support to a claim of market power. See Hunt-Wesson Foods, Inc. v. Ragu Foods, Inc., 627 F. 2d 919, 924-25 (9th Cir. 1980), cert. denied, 450 U.S. 921, 101 S.Ct. [*1059] 1369, 67 L.Ed.2d 348 (1981). Forro would have us infer from the list of competitors that market power existed because IBM, despite its low market share, was large in relation to each of its individual competitors. Without the bene…
• Vanskike v. ACF Indus., 665 F.2d 188 (8th Cir. 1981)
  …n under the FELA,15 it was prejudicial error to refuse to instruct the jury that an award would not be subject to income tax. Id. at 498, 100 S.Ct. at 759. [*207] In Flanigan v. Burlington Northern, Inc., 632 F. 2d 880 (8th Cir. 1980), cert. denied, 450 U.S. 921, 101 S.Ct. 1370, 67 L.Ed.2d 349 (1981), we held that Liepeit should be applied retroactively but that failure to instruct on nontaxability is harmless error unless the defendant establishes the prejudicial effect of the trial court’s refusal to give…