permitting admission of a letter into evidence during an antitrust case even though the letter was the subject of litigation in a previously settled libel suit
How later courts described this case
- permitting admission of a letter into evidence during an antitrust case even though the letter was the subject of litigation in a previously settled libel suit
- “I think it would be impossible for me to determine any individual sale, whether it had been delayed, killed or — by that event [Smart’s breach].”
- expert testimony regarding market penetration relied on the “totally unsubstantiated assumption that the [defendant] would not take competitive steps” to protect its position
Written by the judges who cited it.
The opinion
JONES, Circuit Judge
(dissenting):
I believe the decision of the panel of this Court is right and the opinion of Judge Choate is sound. I dissent from the action of the Court en banc.