# Gaf Corporation v. Circle Floor Co., Inc.

> Court of Appeals for the Second Circuit · July 5, 1972 · 463 F.2d 752

URL: https://www.frixlaw.com/law-library/cases/9458451

## Case

- **Full name:** GAF CORPORATION, Appellant, v. CIRCLE FLOOR CO., INC., Et Al., Appellees
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** July 5, 1972
- **Citations:** 463 F.2d 752
- **Precedential status:** Published
- **Opinion:** Concurrence by Waterman
- **Judges:** Waterman, Hays, Feinberg
- **Cited by:** 80 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9458451

## Opinion text

WATERMAN, Circuit Judge,
concurring:
I concur in affirming the lower court orders dismissing the complaint. I wish to emphasize that I do so on the specific ground that, taking all that is alleged in the complaint to be true, plaintiff-appel *760 lant has failed to allege that it has suffered antitrust damages.
Though I concur in our affirmance I wish to make it clear that I have grave reservations about those conclusions of the learned judge below set forth in GAF Corporation v. Circle Floor Co., 329 F.Supp. 823, 827-829 (S.D.N.Y. 1971) which relate to the nature and requirements of a claim arising under Sections 1 and 2 of the Sherman Antitrust Act, 15 U.S.C. §§ 1 , 2.
Moreover, I underscore the statement by Judge Hays that, in reaching the result we reach, we have not been required to “consider the aspects of the sufficiency of the complaint which were passed upon by the three district court judges.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9458451. Public record. Not legal advice.