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U. S. STEEL CORP. v. FORTNER ENTERPRISES, INC.

No. 75-853.

429 U.S. 610 (1977)

UNITED STATES STEEL CORP. ET AL. v. FORTNER ENTERPRISES, INC.

Supreme Court of United States.

Decided February 22, 1977.

Attorney(s) appearing for the Case

Macdonald Flinn argued the cause for petitioners. With him on the briefs were Albert F. Reutlinger, William H. Buchanan, and Norman Yoerg, Jr.

Kenneth L. Anderson argued the cause for respondent. With him on the briefs was A. Scott Hamilton, Jr.

Mr. JUSTICE STEVENS delivered the opinion of the Court.

In exchange for respondent's promise to purchase prefabricated houses to be erected on land near Louisville, Ky., petitioners agreed to finance the cost of acquiring and developing the land. Difficulties arose while the development was in progress, and respondent (Fortner) commenced this treble-damages action, claiming that the transaction was a tying arrangement forbidden by the Sherman Act. Fortner alleged...

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