UNION PACIFIC RAILROAD CO. ET AL.

v.

ENERGY TRANSPORTATION SYSTEMS, INC., ET AL.

Citator

Cited By

• Miller v. City OF Fort Lauderdale, 569 So. 2d 1386 (Fla. 4th DCA 1990)
  …er than negligent, conduct amounting to an unconstitutional seizure of the victim of the shooting. Cf. Brower v. County of Inyo, 489 U.S. 593, 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989); Dodd v. City of Norwich, 827 F. 2d 1 (2nd Cir.1987), cert. denied, 484 U.S. 1007, 108 S.Ct. 701, 98 L.Ed.2d 653 (1988); Matthews v. City of Atlanta, 699 F.Supp. 1552 (N.D.Ga.1988). However, the court should not have dismissed the claim with prejudice as plaintiff should be afforded the opportunity to amend. We additionally note…
• Prof'l Real Est. Invs., Inc. v. Columbia Pictures Indus., Inc., 508 U.S. 49 (U.S. 1993)
  …roof of a sham if the litigation was not “significantly motivated by a genuine desire for judicial relief” In re Burlington Northern, Inc., 822 F. 2d 518, 528 (1987), cert. denied sub nom. Union Pacific R. Co. v. Energy Transportation Systems, Inc., 484 U. S. 1007 (1988). California Motor Transport did refer to the antitrust defendants’ “purpose to deprive . . . competitors of meaningful access to the . . . courts.” 404 U. S., at 512. See also id., at 515 (noting a “purpose to eliminate ... a competitor by d…

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• Messer v. City OF Douglasville, 975 F.2d 1505 (11th Cir. 1992)
  …ivity on the premises. For example, an auto mechanic’s garage would be able to put up a noncommercial message relating to the recycling of used motor oil. Accord Wheeler v. Commissioner of Highways, 822 F. 2d 586, 591 (6th Cir.1987), cert. denied, 484 U.S. 1007, 108 S.Ct. 702, 98 L.Ed.2d 653 (1988) (a distinction between onsite and offsite noncommercial signs is constitutionally permissible); National Advertising Co. v. Chicago, 788 F.Supp. 994, 997-98 (N.D.Ill.1991) (“the distinction between on-site and o…