Opinion · Supreme Court of the United States

Cusmano v. United States

467 U.S. 1252

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1984-06-18
Topic
general

How later courts describe this case

  • considering whether a federal district court had jurisdiction over the declaration of Indian water rights on a reservation
  • addressing how the Tribes could effect a transfer of the hunting and fishing rights it retained after termination
  • claim that two firms expressly colluded in an attempt to monopolize would be one of oligopoly under Sec. 1 rather than monopoly under Sec. 2
  • claim that two firms expressly colluded in an attempt to monopolize would be one of oligopoly under § 1 rather than monopoly under § 2
  • “Defendant’s conduct must have been prompted by a malicious motive unmixed with any other and exclusively directed to injure and damage another.”
  • "inextricably intertwined” injury found where boycott of plaintiff was alleged means of eliminating competition in relevant cable market and where plaintiff was most directly injured party
  • “To the extent that plaintiff is alleging that defendants as a group attempted to or have monopolized the cable industry, this is a claim of oligopoly, and is not cognizable under Section 2 of the Sherman Act.”
  • same facts and same result as Russo

Citator

UpLaw has not yet analyzed Cusmano v. United States. The absence of a flag is not a finding that it is good law.

Cited by
116 opinions

C. A. 6th Cir. Certiorari denied.