Opinion · Supreme Court of the United States
Gwathmey v. Town of East Hampton
Gwathmey v. Town of E. Hampton, 418 U.S. 907 (1974)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1974-07-08
- Topic
- bankruptcy
How later courts describe this case
- Phillips on edge of lucrative California market in which it had made some investments
- "[U]nless the seller objectively comes within the 'failing company' doctrine, it is irrelevant why one corporation sells its assets to another. 4 The issue in an antitrust case is not a determination of the reasons for selling, but only the anticompetitive effect of the sale."
Citator
UpLaw has not yet analyzed Gwathmey v. Town of East Hampton. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 43 opinions
Appeal from C. A. 2d Cir. Judgment vacated and case remanded for further consideration in light of Younger v. Harris, 401 U. S. 37 (1971), and Samuels v. Mackell, 401 U. S. 66 (1971).
Mr. Justice Douglas would affirm the judgment for the reasons stated in his dissenting opinion in Younger v. Harris, 401 U. S. 37, 58 (1971).