KANSAS v. UTILICORP UNITED INC.

No. 88-2109.

497 U.S. 199 (1990)

KANSAS ET AL. v. UTILICORP UNITED INC.

Supreme Court of the United States.

Decided June 21, 1990.


Attorney(s) appearing for the Case

Thomas J. Greenan argued the cause for petitioners. With him on the briefs were Robert T. Stephan, Attorney General of Kansas, James E. Hurt, William L. Webster, Attorney General of Missouri, Donald D. Barry, William E. Quirk, Russell S. Jones, Jr., and Thomas A. Sheehan.

Floyd R. Finch, Jr., argued the cause for respondent. With him on the brief was Sally R. Burger.

Lawrence S. Robbins argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Assistant Attorney General Rill, Deputy Solicitor General Roberts, Deputy Assistant Attorney General Boudin, Stephen J. Marzen, Catherine G. O'Sullivan, and Jay C. Shaffer.*


JUSTICE KENNEDY delivered the opinion of the Court.

Section 4 of the Clayton Act, 38 Stat. 731, as amended, 15 U. S. C. § 15, authorizes any person injured by a violation of the antitrust laws to sue for treble damages, costs, and an attorney's fee. We must decide who may sue under § 4 when, in violation of the antitrust laws, suppliers overcharge a public utility for natural...

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