Judgment Search Results Home > Cases Phrase: clayton s case Court: us supreme court Page 1 of about 3,411 results (0.079 seconds)

Corn Products Refining Co. Vs. Ftc

Court : US Supreme Court

..... we have no occasion to decide whether a basing point system such as that in the cement case is permissible under the clayton act, in view of the provisions of 2(b), permitting reductions in price in order to meet a competitor's equally ..... this provision, as reported to the house by the committee on the judiciary, would have defined "price," as used in 2 of the clayton act, as meaning "the amount received by the vendor after deducting actual freight or cost of other transportation, if any, allowed or defrayed ..... found to have been sold in interstate commerce; that, if the section is construed to apply to such transactions, it would be unconstitutional, and that, in any case, there is no showing that the transaction complained of, although not themselves in interstate commerce, have in any way affected such commerce. ..... but, as was held in the standard fashion case, supra, with respect to the like provisions of 3 of the clayton act, prohibiting tying clause agreements the effect of which "may be substantially to lessen competition," the use of the word "may" was not to prohibit discriminations having "the mere possibility" of those consequences, ..... no settled construction of the clayton act in the federal courts contrary to that now urged by the commission, as was the case with the measures involved in helvering ..... further proceedings, because of difficulties of enforcement which it attributed to the exemption provisions of 2 and to decisions of the lower federal courts in clayton act cases. .....

Brown Shoe Co., Inc. Vs. United States

Court : US Supreme Court

..... : this court's decisions had implied that the effect on competition between the parties to the merger was not the only test of the illegality of a stock merger; the court had applied sherman act tests to clayton act cases, and thus judged the effect of a merger on the industry as a whole; this incorporation of sherman act tests, with the accompanying "rule of reason," was inadequate for reaching some mergers which the commission ..... they merely are different steps toward the same objective, namely, that of framing a bill which, though dropping portions of the so-called clayton act test that have no economic significance (the reference would appear to be primarily to the 'acquiring-acquired' standard of the original act), reaches far beyond the sherman ..... [ footnote 16 ] and only two years ago, we were unanimous in accepting jurisdiction, and in affirming the judgment of a district court similar to the one entered here, in the only case under amended 7 of the clayton act brought before us at a juncture comparable to the instant litigation. ..... iii legislative history this case is one of the first to come before us in which the government's complaint is based upon allegations that the appellant has violated 7 of the clayton act, as that section was amended in ..... on the merits, the case presents the question of whether, under 7 of the clayton act, the acquisition by brown of the kinney retail stores may substantially lessen competition in shoes on a national basis or in any section of the .....

United States Vs. Third Nat'l Bank of Nashville

Court : US Supreme Court

..... " [ footnote 6 ] from those findings, and from the broad picture of nashville bank's history and operations which emerges from the testimony and exhibits in this case, it appears that the principal reason was that key members of its management, the men who had been responsible for the bank's progress in the late 1950s, had advanced ..... the procedural provisions of the 1966 act, holding that the bank merger act provided for continued scrutiny of bank mergers under the sherman act and the clayton act, but had created a new defense, with the merging banks having the burden of proving that defense. ..... for a comparatively minor violation of the clayton act, like that in this case, obviously may be more readily outweighed by factors relating to "convenience and needs" ..... standard for bank cases, and therefore the district court applied an erroneous clayton act standard to ..... appraised by the test enunciated in recent clayton act cases, the page 390 u. s. ..... case, which was decided before our decision in houston bank, supra, the district court either omitted the first of the two indicated procedural steps or concluded, incorrectly, that the merger would not violate the clayton ..... act to this case, the first question is whether the merger, as an antitrust matter, would violate the clayton act. ..... case, the united states appeals from a district court decision [ footnote 1 ] upholding the merger of third national bank in nashville and nashville bank and trust company against challenge under 7 of the clayton .....

Powell Vs. Mccormack

Court : US Supreme Court

..... 's] proceedings are in conformity with the constitution and laws because, living under a written constitution, no branch or department of the government is supreme, and it is the province and duty of the judicial department to determine, in cases regularly brought before them, whether the powers of any branch of the government, and even those of the legislature in the enactment of laws, have been exercised in conformity to the constitution, and, if they have not, to ..... unequivocally that the house will not expel a member for misconduct committed during an earlier congress: "[i]t must be said that with practical uniformity the precedents in such cases are to the effect that the house will not expel a member for reprehensible action prior to his election as a member, not even for conviction for ..... argument fails to grasp that the reason for the dismissal in alejandrino was not that alejandrino's deprivation of salary was insufficiently substantial to prevent the case from becoming moot, but rather that his failure to plead sufficient facts to establish his mandamus claim made it impossible for any court to resolve ..... to respondents jennings, johnson, and miller, the judgment of the court of appeals for the district of columbia circuit is reversed, and the case is remanded to the united states district court for the district of columbia with instructions to enter a declaratory judgment and for further proceedings consistent ..... ] eckhardt, the adam clayton powell case, 45 texas l.rev .....

United States Vs. Falstaff Brewing Corp.

Court : US Supreme Court

..... decisions had implied that the effect on competition between the parties to the merger was not the only test of the illegality of a stock merger; the court had applied sherman act tests to clayton act cases and thus judged the effect of a merger on the industry as a whole; this incorporation of sherman act tests, with the accompanying 'rule of reason,' was inadequate for reaching some mergers ..... relevant market, where it has a strong incentive to enter the market de novo, and where it has the financial capabilities to do so, we have not hesitated to ascribe to it the role of an actual potential entrant in such cases, we have held that 7 prohibits an entry by acquisition, since such an entry eliminates the possibility of future actual competition which would occur if there were an entry de novo. ..... is no exception [to the 'clearly erroneous' rule of appellate review] which permits [the government], even in an antitrust case, to come to this court for what virtually amounts to a trial de novo on the record of such findings ..... as a practitioner and as a judge, i have more than once felt that a closely contested government antitrust case, decided below in favor of the defendant, has foundered in this court for lack of an illuminating opinion ..... the district court dismissed the government's resultant suit charging violation of 7 of the clayton act, finding that entry by acquisition, which the court found was the only way that respondent intended to penetrate the new england market, would not .....

United States Vs. First Nat'l Bank of Lexington

Court : US Supreme Court

..... reference to the probable development of the industry, the government turns to the past and notes that the number of local banks decreased from 10 to 7 between 1929 and 1938; but this statistic, more at home in a clayton act case, is of doubtful significance in the present context, particularly in view of the period during which the decrease occurred. ..... iv, 1963) 1828(c): "the committee wants to make crystal clear its intention that the various banking factors in any particular case may be held to outweigh the competitive factors, and that the competitive factors, however favorable or unfavorable, are not, in and of themselves, controlling ..... truth is, of course, that this is, if anything, a clayton act case masquerading in the garb of the sherman act. ..... of allowing the government to change horses in midstream in fact, if not quite in form, [ footnote 2/10 ] goes beyond this case and, in the field of banking, beyond even the revitalization of a properly moribund rule of antitrust law. ..... it is difficult to see how features peculiar to banking or indeed any other features of a particular case which, in reason, should lead to a different result, can stand up against the bludgeon with which the court now strikes at combinations which may well have no ..... of the sherman act, such statistics have little meaning in the absence of a context, [ footnote 2/6 ] it may be admitted that the figures in this case of dollar volume [ footnote 2/7 ] and the percentage of business controlled are large. .....

Utah Pie Co. Vs. Continental Baking Co.

Court : US Supreme Court

..... unless we disregard the lessons so laboriously learned in scores of sherman and clayton act cases, the 1961 situation has to be considered more competitive than that of 1958 ..... "upon proof being made, at any hearing on a complaint under this section, that there has been discrimination in price or services or facilities furnished, the burden of rebutting the prima facie case thus made by showing justification shall be upon the person charged with a violation of this section. . . . ..... 704 since the court of appeals held that petitioner had failed to make a prima facie case against each of the respondents, it expressly declined to pass on other grounds for reversal presented by the respondents ..... the apple flavor has been used as the standard throughout this case without objection from the parties, and we adhere to the practice here ..... [ footnote 15 ] each respondent argues here that prior price discrimination cases in the courts and before the federal trade commission, in which no primary line injury to competition was found, establish a standard which compels affirmance of the court of appeals' ..... and 2, and violations by each respondent of 2(a) of the clayton act as amended by the robinson-patman act, 49 stat. ..... , against three large companies each of which is a major factor in the frozen pie market in one or more regions of the country, charged a conspiracy under 1 and 2 of the sherman act and violations by each respondent of 2(a) of the clayton act, as amended by the robinson-patman act. .....

Jones Vs. United States

Court : US Supreme Court

..... bosanquet, justice, said in the same case that the receiver might appropriate the payment if the debtor had not at any time before action commenced, and coltman, justice, that notwithstanding the doubt expressed by the master of the rolls in clayton's case, the more correct view seemed to be, "that the creditor is not limited in point of time. ..... the opinion of sir william grant in clayton's case, 1 merivale 604, has often been referred to as a high authority in favor of the restriction of the right of the creditor to make the application to the exact period of time at which the payment was made. ..... later decisions in the english courts would seem to be wholly irreconcilable with the remarks of sir william grant in clayton's case. ..... in clayton's case, page 605, speaking of the right of appropriation in the creditor in the absence of express direction, sir wm. ..... 102, which exonerates the sureties if balances are not sued for within two years after they occur, does not apply to this case because, by this mode of keeping the account, the balance due from the postmaster is thrown upon the last quarter. ..... if default be made by the postmaster at any time and the postmaster general shall fail to institute suit against such postmaster and sureties within two years after such default shall be made, then and in that case the said sureties shall not be held liable to the united states, nor shall suit be instituted against them. .....

Cunningham Vs. Brown

Court : US Supreme Court

..... in such a situation, the ruling in clayton's case, 1 merivale 572, that defrauded claimant were entitled to be paid inversely to the order in which their moneys went into a common fund, has no application, and likewise the ruling in knatchbull v. ..... the rule in clayton's case has no application. ..... the facts and defenses are the same in all the cases, except that, in that of benjamin brown, there was an additional defense that he was a minor when the transactions occurred. ..... lord chancellor eldon, in clayton's vase, (1816 ch. ..... the requirement is fully satisfied by the evidence in this case, no matter where the burden of proof. ..... we have brought the cases into this court by writ of certiorari. ..... the rule is useful to work out equity between a wrongdoer and a victim; but, when the fund with which the wrongdoer is dealing is wholly made up of the fruits of the frauds perpetrated against a myriad of victims, the case is different. ..... in such a case, the defrauded lender becomes merely a creditor to the extent of his loss and a payment to him by the bankrupt within the prescribed period of four months is a preference. ..... it is a case the circumstances of which call strongly for the principle that equality is equity, and this is the spirit of the bankrupt law. ..... if we assume that the payment of these unmatured notes was not according to the contract with ponzi, and that what the defendants here did was a rescission for fraud, we do not find them in any better case. .....

Gurpreet Singh Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : 2007(4)ALD105(SC); 2007(5)ALLMR(SC)475; (SCSuppl)2007(2)CHN40; 2007(3)CTC170; 2008(1)KLJ463; 2006(10)SCALE393; (2006)8SCC457

..... mulla proceeds to observe,in england, 'it has been considered a general rule since clayton's case that when a debtor makes a payment he may appropriate it to any debt he pleases, and the creditor ..... from us is indicated by the order of reference in the following words:having heard the learned counsel for the parties and having perused the aforesaid decisions, we are of the view that the normal rule that in case of a debt due with interest, any payment made by the debtor, in the first instance, is to be appropriated towards the satisfaction of interest and thereafter towards principal, subject to a contract to the contrary, is not excluded ..... court could have ordered the money to be paid over to the decree holder in partial discharge of the decree debt soon after the amount was deposited, the court stated, we think that in this case we ought to apply the analogy of the rules which relate to payment into court of money by the defendant in a suit, and that in this view the decisions of the courts below were correct and ..... referring to the decisions of the allahabad and patna high courts, referred to above, and the relevant portions of the commentaries from mulla on the code of civil procedure, held that in the case of a decree which awards interest on the principal, interest ceases to run on the amount deposited in the court under order xxi, rule 1(a) from the date the decree holder has notice of the deposit. ..... known in england as the rule in 'clayton's case' (1861) 1 mar.572: 35e.r. .....