PACYNA

v.

PACYNA

Citator

Cited By

• City OF Chanute v. Williams Natural GAS Co., 955 F.2d 641 (10th Cir. 1992)
  …uishable because in that case the plaintiff himself did not and could not agree to the illegal arrangement, nor did he allege that anyone else had done so. Compare Smith Mach. Co. v. Hesston Corp., 878 F. 2d 1290, 1294 (10th Cir.1989), cert. denied, 493 U.S. 1073, 110 S.Ct. 1119, 107 L.Ed.2d 1026 (1990) (plaintiff refused to accede to defendant's forcing; court analyzed merits under theory that defendant induced plaintiffs competitors to accede).…

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• S. Card & Novelty, Inc. v. Lawson Mardon Label, 138 F.3d 869 (11th Cir. 1998)
  …rer agrees to license or franchise a dealer to sell its products, but only on condition that the dealer sell a full or representative line of those products.” Smith Machinery Co. v. Hesston Corp., 878 F. 2d 1290, 1294 (10th Cir.1989), cert. denied, 493 U.S. 1073, 110 S.Ct. 1119, 107 L.Ed.2d 1026 (1990). . "Restraints imposed by agreement between competitors have traditionally been denominated as horizontal restraints, and those imposed by agreement between firms at different levels of distribution as vertic…
• Clough v. Dominica Rush, 959 F.2d 182 (10th Cir. 1992)
  …Further, collateral estoppel cannot be applied unless the party had an opportunity to “fully and fairly” present and argue its claims in the prior proceeding. Smith Machinery Co. v. Hesston Corp., 878 F. 2d 1290, 1293 (10th Cir.1989), cert. denied, 493 U.S. 1073, 110 S.Ct. 1119, 107 L.Ed.2d 1026 (1990). In New Mexico, courts interpret state antitrust claims “ ‘in harmony with judicial interpretations of the federal antitrust laws.’ ” Clough, 780 P. 2d at 630 (quoting Smith Machinery Corp. v. Hesston, Inc.,…