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Redwing Carriers, Inc., a Florida Corporation v. McKenzie Tank Lines, Inc., a Florida Corporation

REDWING CARRIERS, INC., a Florida Corporation, Et Al., Plaintiff-Appellant, v. McKENZIE TANK LINES, INC., a Florida Corporation, Et Al., Defendants-Appellees

Redwing Carriers, Inc. v. McKenzie Tank Lines, Inc., 594 F.2d 114 (5th Cir. 1979)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
April 27, 1979
Docket
No. 78-1362
Judges
Godbold, Simpson, Ro-Ney
Citations
594 F.2d 1141979 U.S. App. LEXIS 15105

Opinion — Per Curiam

PER CURIAM:

We affirm on the basis of the district court’s opinion, reported at 443 F.Supp. 639 (N.D.Fla., 1977), plus the following two points. This court’s decision in Northwest Power Products, Inc. v. Omark Industries, 576 F.2d 83, 90 (CA5, 1978), confirms the district court’s rejection of the Pick-Barth per se rule.

Albert Pick-Barth Co. v. Mitchell Woodbury Corp., 57 F.2d 96 (CA1), cert. denied, 286 U.S. 552 , 52 S.Ct. 503 , 76 L.Ed. 1288 (1932). Second, at oral argument, appellant contended that it produced sufficient evidence of a rule of reason theory to withstand summary judgment. We disagree. At the time McKenzie Tank Lines began hauling molten sulphur in 1976, Redwing had 100% of the relevant market. The fact that McKenzie had ICC and state certificates to haul molten sulphur prior to 1976 does not change the fact that Redwing controlled 100% of the market. Assuming McKenzie was a competitor before the alleged conspiracy began, Redwing is still not able to prove an injury to competition. Pri- or to the alleged conspiracy there were two haulers with the necessary certificates, one with 100% of the business and the other with only the certificates. Assuming further that McKenzie succeeded in eliminating Redwing, the market structure would remain the same, one hauler with 100% of the business and the other with only the certificates. • AFFIRMED.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

1979: 11980: 21982: 11984: 11987: 12025: 119792026peak 1980 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Northwest Power Prods., Inc. v. Omark Indus., 576 F.2d 83 (5th Cir. 1978) 93
Albert Pick-Barth Co. v. Mitchell Woodbury Corp., 57 F.2d 96 (1st Cir. 1932) 67
Erie R. v. United States, 286 U.S. 553 (1932) 38
Redwing Carriers, Inc. v. McKenzie Tank Lines, Inc., 443 F. Supp. 639 (N.D. Fla. 1977) 8

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