Opinion

Moutoux v. Gulling Auto Electric, Inc.

  • 295 F.2d 573
  • 4 Fed. R. Serv. 2d 921
Court
Court of Appeals for the Seventh Circuit
Filed
Jun 15, 1961
Status
Published
Author
Knoch
On the bench
Castle, Enoch, Knoch, Mercer
Cited by
58 cases

The opinion

KNOCH, Circuit Judge

(dissenting).

Regretfully, I find myself in disagreement with the conclusion of Judge MERCER’S otherwise excellent analysis of this case.

As Judge MERCER states, Moutoux’s deposition supports Holley’s characterization of its lists as mere suggested price lists. According to Moutoux, plaintiffs never considered themselves bound by these suggested prices while they functioned as a Holley central. There is no indication of evidence to show any basic change in the character of the subsequent lists.

It further appears to me that Moutoux’s deposition indicates not only the extreme difficulty, to which Judge MERCER refers, but a sheer impossibility of sustaining plaintiffs’ allegations of conspiracy and monopolistic practices.

I would affirm the judgment of the District Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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