(Download) "Terry's Floor Fashions Inc. v. Burlington Industries Inc." by United States Court of Appeals for the Fourth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Terry's Floor Fashions Inc. v. Burlington Industries Inc.
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 23, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 84 KB
Description
SNEEDEN, Circuit Judge: Plaintiff Terry's Floor Fashions, Inc. (""Terry's""), appeals from a judgment of the United States District Court for the Eastern District of North Carolina, James C. Fox, Judge, allowing the defendant's motions for summary judgment regarding the plaintiff's Sherman Act § 1 claims, 15 U.S.C. § 1; allowing defendant Lees' motion to dismiss a Robinson-Patnam Act claim, 15 U.S.C. § 13(a); and allowing the defendants' motions to dismiss pendent state law claims under the North Carolina Unfair Trade Practices Act, N.C. Gen. Stat. §§ 75-1, -1.1, -2, -5, -7. The principal issue on appeal is whether the district court erred in allowing the defendants' motions for summary judgment on the Sherman Act § 1 claims because of the plaintiff's failure to demonstrate the existence of a combination or conspiracy between the defendants. We agree with the district court that there was insufficient evidence to support an inference that the alleged conspiracy existed, and we therefore affirm the district court's judgment. We also affirm the judgment of the district court with regard to the Robinson-Patnam Act claim and the pendent state law claims.