No. 76.

359 U.S. 207 (1959)


Supreme Court of United States.

Decided April 6, 1959.

Attorney(s) appearing for the Case

Maxwell Keith argued the cause for petitioner. With him on the brief was Irvin Goldstein.

Moses Lasky argued the cause for respondents. On the brief were Mr. Lasky for Broadway-Hale Stores, Inc.; Herbert W. Clark for Admiral Corporation et al.; Robert E. Burns and Joseph S. Wright for Zenith Radio Corp.; Alvin H. Pelavin for Whirlpool-Seeger Corporation; David B. Gideon for H. R. Basford Co.; Francis R. Kirkham for Radio Corporation of America; H. W. Glensor for Leo J. Meyberg Co.; Nat Schmulowitz and Peter S. Sommer for Emerson Radio & Phonograph Corp. et al.; Marion B. Plant for Philco Corporation et al.; Boice Gross for Rheem Manufacturing Co.; Everett A. Mathews for General Electric Co. et al.; and Philip S. Ehrlich for Olympic Radio & Television, Inc., et al., respondents.

Philip Elman argued the cause for the United States, as amicus curiae, urging reversal. On the brief were Solicitor General Rankin, Assistant Attorney General Hansen, Robert A. Bicks, Charles H. Weston and Henry Geller.

MR. JUSTICE BLACK delivered the opinion of the Court.

Klor's Inc., operates a retail store on Mission Street, San Francisco, California; Broadway-Hale Stores, Inc., a chain of department stores, operates one of its stores next door. The two stores compete in the sale of radios, television sets, refrigerators and other household appliances. Claiming that Broadway-Hale and 10 national manufacturers and their distributors have conspired to restrain and monopolize commerce...

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