Opinion · Supreme Court of the United States

Susser v. Carvel Corp.

14 L. Ed. 2d 284

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1965-05-03
Topic
general

holding antitrust cause of action by parties for price-fixing under franchise contracts, executed more than four years before plaintiffs commenced suit, not barred where defendant abrogated price-maintenance clause within four years of commencement of suit | holding antitrust cause of action by parties for price-fixing under franchise contracts, executed more than four years before plaintiffs commenced suit, not barred where defendant abrogated price-maintenance clause within four years of commencement of suit | refusing to treat a franchise system as involving a single unified product | refusing to treat a franchise system as involving a single unified product | franchisee re quired to purchase all store equipment and supplies from franchisor | refusing to treat franchise system and trademark as “tying” products

Citator

Cited by
66 opinions
381 U.S. 125 (1965)

SUSSER ET AL.
v.
CARVEL CORP. ET AL.

No. 355.

Supreme Court of United States.

Argued April 29, 1965. Decided May 3, 1965. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.

Arnold Fleischmann argued the cause for petitioners. With him on the briefs were Sidney W. Rothstein and Robert G. Levy.

Herman L. Weisman and John A. Wilson argued the cause for respondents. With Mr. Weisman on the briefs for Carvel Corp. et al. were Herbert F. Roth and Lester G. Renard. With Mr. Wilson on the brief for H. P. Hood & Sons, Inc., was Willard M. L. Robinson. Albert L. Wigor filed a brief for Eagle Cone Corp. William G. Mulligan and Doris Carroll filed a brief for Rakestraw's Dairy Products, Inc.

Jerrold G. Van Cise filed a brief for the International Franchise Association, Inc., as amicus curiae.

PER CURIAM.

The writ of certiorari is dismissed as improvidently granted.

MR. JUSTICE GOLDBERG took no part in the decision of this case.