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· 1/20/2004

Eastern Food Services, Inc. v. Pontifical Catholic University Services Ass'n

Citations

  • 357 F.3d 1
  • 2004 U.S. App. LEXIS 764
  • 2004 WL 110844

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • elaborating “it is widely recognized that in many circumstances [exclusivity contracts] may be highly efficient — to assure supply, price stability, outlets, investment, best efforts or the like-and pose no competitive threat at all.”
  • dismissing section 1 claim for failure to allege an economic market
  • permission to amend complaint “often granted not only pretrial but after dismissal for failure to state a claim where court thinks that the case has some promise”
  • A well-founded fear of future 8 persecution “requires that the alien present credible 9 testimony that he subjectively fears persecution and 10 establish that his fear is objectively reasonable.”
  • “The university, like most landlords, controls who may set up shop on its premises. It could act as the sole on-campus supplier of food and beverages, allow multiple suppliers, or give exclusive access to one supplier.”
  • “[T]he cases . . . say that it is not enough 5 merely to allege a violation in conclusory terms, that the complaint must make out the rudiments 6 of a valid claim, and that discovery is not for fishing expeditions.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Torruella, Howard

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.