HESTER
v.
MARTINDALE-HUBBELL, INC., ET AL.

U.S. | 1982-02-22
No. 81-1135
Justice Black-mun took no part in the consideration or decision of this petition.
455 U.S. 981 Supreme Court of the United States (1982) Positive Treatment
Cited by 5 cases

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  • Bostick OIL Co., Inc. v. Michelin Tire Corp., 702 F.2d 1207 (4th Cir. 1983)
    …tes, 234 U.S. 600, 34 S.Ct. 58 L.Ed. 1490 (1914); Albrecht v. The Herald Co., 390 U.S. 145, 149-50, 88 S.Ct. 869, 871, 19 L.Ed.2d 998 (1968). As we noted in Hester v. Martin- [*1214] dale-Hubhell, Inc., 659 F. 2d 433, 436 (4 Cir.1981), cert. denied, 455 U.S. 981, 102 S.Ct. 1489, 71 L.Ed.2d 691 (1982), the courts, being “ ‘sensitive to the realities of the marketplace’ ... have extended the concept of concerted activity far beyond the classic case of actual agreement to engage in a common course of conduct.”…
  • …, 42 & n. 1, 45 (2d Cir.), cert. denied, ___ U.S. ___, 103 S.Ct. 362, 74 L.Ed.2d 398 (1982), and have no reason to believe that this was done in error. As in the case of Hester v. Martindale-Hubbell, Inc., 659 F. 2d 433 (4th Cir.1981), cert. denied, 455 U.S. 981, 102 S.Ct. 1489, 71 L.Ed.2d 691 (1982), which was decided under the similar provisions of section 1 of the Sherman Act, 15 U.S.C. § 1, Martindale’s unilateral refusal to publish Saxe, Bacon’s “professional card” was not unlawful. Assuming for the a…
  • …lish a similar facility under state law, 12 U.S.C. § 36(c), and the Comptroller is not bound by state agency or state court interpretations of state statutes. Marshall & Ilsley Corp. v. Heimann, 652 F. 2d 685, 697 n. 20 (7th Cir.1981), cert. denied, 455 U.S. 981, 102 S.Ct. 1489, 71 L.Ed.2d 691 (1982). When First National published notice of its application, appellant challenged the plan on one state law ground1 and requested a hearing. The Comptroller denied the hearing request but extended the comment pe…
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