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· 11/14/1927

United States v. Portenoy Co.

Citations

  • 15 Ct. Cust. 307
  • 1927 WL 29506
  • 1927 CCPA LEXIS 124

How courts have described this case

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

  • holding that before court engaged “in the micromanagement of the staffing arrangements ... under the aegis of the antitrust laws,” court needed “better reasons than the plaintiffs have given.”
  • dissenting opinion by Cudahay, J., criticizing the majority for upholding dismissal on the pleadings alone
  • describing the “conspiracy engaged in by BHS and STAR Anesthesia to eliminate 70% of pediatric anesthesiologists from providing pediatric anesthesia services in BHS facilities”
  • collecting cases and noting that “[t]he cases involving staffing at a single provided STAR Anesthesia a true monopoly over the BHS hospital system”
  • “Those cases [involving staffing at a single hospital] invariably analyze those circumstances under the rule of reason”
  • “there is nothing obviously anticompetitive about a hospital choosing one staffing pattern over another or in restricting the staffing to some rather than many, or all”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barber, Bland, Graham, Hatfield, Smith

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.