PICKETT ET AL., CO-EXECUTORS AND TRUSTEES
v.
REPUBLIC NATIONAL BANK OF DALLAS, TRUSTEE

U.S. | 1981-12-14
No. 81-784
454 U.S. 1125 Supreme Court of the United States (1981) Positive Treatment
Cited by 4 cases

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  • McDOUGALD v. Jenson, 786 F.2d 1465 (11th Cir. 1986)
    …anent injunction on this appeal. We therefore decline to review the propriety of the permanent injunction entered by the district court on this appeal. See C.A. May Marine Supply Co. v. Brunswick Corp., 649 F. 2d 1049, 1056 (5th Cir.), cert. denied, 454 U.S. 1125, 102 S.Ct. 974, 71 L.Ed.2d 112 (1981). Finally, we conclude that the mother’s timely appeal from the declaratory judgment entered by the district court is properly before us and that it is not rendered moot by her failure to appeal from the order e…
  • Pierce v. Ramsey Winch Co., 753 F.2d 416 (5th Cir. 1985)
    …can get to the jury on fact of damage without showing that he took steps to obtain products to substitute for those previously supplied by the terminating manufacturer. See Malcolm v. Marathon Oil Co., 642 F. 2d 845, 860-63 (5th Cir.), cert. denied, 454 U.S. 1125, 102 S.Ct. 975, 71 L.Ed.2d 113 (1981). Thus, it may well be enough to show declining sales following termination. Greene, 517 F. 2d at 665; Malcolm, 642 F. 2d at 863.23 Pierce Sales, however, cannot show declining sales. As noted, Pierce Sales’ gr…
  • Richter Concrete Corp. v. Hilltop Concrete Corp., 691 F.2d 818 (6th Cir. 1982)
    …pricing differs from healthy competitive pricing in its motive: “a predator by his pricing practices seeks ‘to impose losses on other firms, not garner gains for itself.’ ” Malcolm v. Marathon Oil Co., 642 F. 2d 845, 853-54 (5th Cir.), cert. denied, 454 U.S. 1125, 102 S.Ct. 975, 71 L.Ed.2d 113 (1981) (footnote omitted). Price reductions that constitute a legitimate, competitive response to market conditions are not predatory. William Inglis & Sons Baking Co. v. ITT Continental Baking Co., 668 F. 2d 1014, 1…

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