TEXAS INDUSTRIES INC. v. RADCLIFF MATERIALS INC.

No. 79-1144.

451 U.S. 630 (1981)

TEXAS INDUSTRIES, INC. v. RADCLIFF MATERIALS, INC., ET AL.

Supreme Court of United States.

Decided May 26, 1981.


Attorney(s) appearing for the Case

Benjamin R. Slater, Jr., argued the cause for petitioner. With him on the briefs was William J. Hamlin.

Dando B. Cellini argued the cause for respondents. With him on the brief were James A. Babst, Ewell P. Walther, Jr., and Stephen H. Kupperman.

Solicitor General McCree argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Assistant Attorney General Litvack, Deputy Solicitor General Wallace, Stephen M. Shapiro, Barry Grossman, and Bruce E. Fein.*

Briefs of amici curiae urging affirmance were filed by R. Clifford Potter for Boise Cascade Corp.; by Lowell E. Sachnoff and Stephen D. Susman for the Corrugated Container Class in M. D. L. 310; by David L. Foster and John W. Malley for Duplan Corp.; and by Robert M. Johnson for River Cement Co.

Briefs of amici curiae were filed by James W. Witherspoon for A. L. Black et al.; by Harold G. Christensen, Michael R. Carlston, and Craig S. Cook for Olson Farms, Inc.; by Earl E. Pollock for Owens-Illinois, Inc., et al.; by Richard W. Odgers and C. Douglas Floyd for Safeway Stores, Inc.; and by Donald G. Kempf, Jr., and Hammond E. Chaffetz for Weyerhaeuser Co. et al.


CHIEF JUSTICE BURGER delivered the opinion of the Court.

This case presents the question whether the federal antitrust laws allow a defendant, against whom civil damages, costs, and attorney's fees have been assessed, a right to contribution from other participants in the unlawful conspiracy on which recovery was based. We granted certiorari to resolve a conflict in the Circuits. 449 U.S. 949 (1980).1

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