Graham v. Triangle Publications, Inc., 15090.
| Decision Date | 26 April 1965 |
| Docket Number | No. 15090.,15090. |
| Citation | 344 F.2d 775 |
| Parties | John J. GRAHAM and Warren H. Graham, Appellants, v. TRIANGLE PUBLICATIONS, INC. (counterclaimants) (Appellee), v. John J. GRAHAM et al. (counterdefendants), and Delaware Valley Newsdealers' Association (additional counterdefendant). |
| Court | U.S. Court of Appeals — Third Circuit |
Richard C. Bull, White & Williams, Philadelphia, Pa. (W. Wilson White and Michael H. Malin, Philadelphia, Pa., on the brief), for appellants.
William T. Coleman, Jr., Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa. (Harold E. Kohn, David H. Marion, Philadelphia, Pa., on the brief), for appellee.
Before GANEY and FREEDMAN, Circuit Judges, and KIRKPATRICK, District Judge.
Plaintiffs, home delivery carriers, brought this antitrust action to enjoin the defendant, Triangle Publications, Inc., from refusing to sell and deliver the Philadelphia Inquirer to them and to recover treble damages. Defendant counterclaimed against the plaintiffs and a number of other suburban newsdealers and a newsdealer's association, whom they joined, claiming that they conspired to fix the resale price of the Inquirer in violation of the antitrust law.
On plaintiffs' application for a preliminary injunction a number of questions were presented to the court below. Was the defendant's alleged refusal to deal with the plaintiffs or others who violated the fixed retail dealer price of the Inquirer a unilateral refusal to deal or was it a subject of agreement with other dealers? What is the effect of the McGuire Act (15 U.S.C. § 45) and the Pennsylvania Fair Trade Act () on such practices? What meaning is to be given in the present circumstances to the provisions of these statutes limiting their coverage to products in "free and open competition with commodities of the same general class produced or distributed by others" (15 U.S.C. § 45; see also 73 P.S. § 7) in the light of the construction which they have received by the Federal and Pennsylvania courts? See especially Gillette Co. v. Master, 408 Pa. 202, 212-213, 182 A.2d 734 (1962); Gulf Oil Corp. v. Mays, 401 Pa. 413, 418, 164 A.2d 656 (1960); Schering Corp. v. Martin Wholesale Distributors, Inc., 212 F. Supp. 325 (E.D.Pa. 1962).
In the present preliminary stage of the controversy we shall refrain from expressing any opinion on the merits of these questions. For what is before us is an appeal from the refusal of the District Judge to grant a preliminary injunction. In such circumstances our review is limited to the determination whether the court below abused its discretion....
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...of a party who has failed to meet a burden of proof. Graham v. Triangle Publications, Inc., 233 F.Supp. 825 (E.D.Pa.1964), aff'd. 344 F.2d 775 (3d Cir. 1965). See also Stone New Schiller Bldg., Loan Ass'n., 293 Pa. 161, 142 A.2d 293 (1928). In the instant case, it would be extremely inappro......
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...See, e.g., John J. & Warren H. Graham v. Triangle Publ’ns, 233 F. Supp. 825, 832 n.24 (E.D. Pa. 1964), aff’d per curiam on other grounds , 344 F.2d 775 (3d Cir. 1965). 551. See, e.g., CSU Holdings v. Xerox Corp., 1995 U.S. Dist. LEXIS 6115, at *9 (D. Kan. 1995); Higgins v. Med. Coll., 849 F......
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