Opinion

The Flintkote Company, a Corporation v. Elmer Lysfjord and Walter R. Waldron, Doing Business as Aabeta Co.

  • 246 F.2d 368
Court
Court of Appeals for the Ninth Circuit
Filed
Jun 3, 1957
Status
Published
Author
Stephens
On the bench
Stephens, Barnes, Hamley
Cited by
218 cases

holding that offsets are calculated after trebling the verdict because the “efficacy [of the treble damages provision] should not be weakened by judicial construction”

How later courts described this case

  • holding that offsets are calculated after trebling the verdict because the “efficacy [of the treble damages provision] should not be weakened by judicial construction”
  • explaining, in antitrust context, that any other process would leave plaintiffs without “the whole to which they were entitled”
  • no Sherman Act violation found
  • coerced participation in an illegal scheme does not excuse the actor

Written by the judges who cited it.

The opinion

STEPHENS, Circuit Judge

(concurring).

I concur with the opinion insofar as it treats of the subject of damages. I express no opinion as to the rulings upon the objections to the evidence.

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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