green
Positive treatment
Quoted verbatim 3×
8.1 score
“much argument has been addressed to the question whether a physician's practice of his profession constitutes trade under 3 of the sherman act. . . . wle need not consider or decide this question.”
Treatment trajectory · 1943 → 2026 · click a year to view as-of
1943
1984
2026
Top citers, strongest first. 27 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Consolidated Rail Corporation v. United States of America and Interstate Commerce Commission, American Paper Institute, Inc., Intervenor
it is not our province to define the purpose of congress apart from what it has said in its enactments
discussed
Cited as authority (quoted)
Goldfarb v. Virginia State Bar
much argument has been addressed to the question whether a physician's practice of his profession constitutes trade under 3 of the sherman act. . . . wle need not consider or decide this question.
discussed
Cited as authority (quoted)
Lewis H. Goldfarb and Ruth S. Goldfarb v. Virginia State Bar and Fairfax County Bar Association, Lewis H. Goldfarb and Ruth S. Goldfarb v. Fairfax County Bar Association
(2×)
also: Cited "see, e.g."
much argument has been addressed to the question whether a physician's practice of his profession constitutes trade under 3 of the sherman act . . .. we need not consider or decide this question.
discussed
Cited as authority (rule)
Halstead Metal Products, a Division of Halstead Industries, Incorporated v. National Labor Relations Board, Halstead Metal Products, a Division of Halstead Industries, Incorporated v. National Labor Relations Board
Findings cannot be said to have been fairly reached unless material evidence which might impeach, as well as that which will support, its findings, is heard and weighed. 28 Id. at 28 , 63 S.Ct. at 405 (emphasis added); accord NLRB v. Poinsett Lumber & Mfg.
cited
Cited as authority (rule)
Halstead Metal Products v. National Labor Relations Board
Id. at 28 , 63 S.Ct. at 405 (emphasis added); accord NLRB v. Poinsett Lumber & Mfg.
discussed
Cited as authority (rule)
Boeing Airplane Co. v. Aeronautical Industrial Dist. Lodge No. 751
The charge filed by the Board therefore merely set in motion the Board’s machinery of inquiry and hearing; “the charge does not even serve the purpose of a pleading.” National Labor Relations Board v. Indiana and Michigan Electric Co., 1943, 318 U.S. 9, 18 , 63 S. Ct. 394, 399, 400 , 87 L.Ed. 579 .
discussed
Cited "see"
In Re Presidential Life Securities
See American Medical Ass’n v. United States, 317 U.S. 519 , 63 S.Ct. 326 , 87 L.Ed. 434 (1943); FTC v. Indiana Federation of Dentists, 476 U.S. 447 , 106 S.Ct. 2009 , 90 L.Ed.2d 445 (1986); National Society of Professional Engineers v. United States, 435 U.S. 679 , 98 S.Ct. 1355 , 55 L.Ed.2d 637 (1978).
discussed
Cited "see"
Simeon Management Corporation v. Federal Trade Commission
See generally American Medical Ass’n v. U. S., 317 U.S. 519, 528-9 , 63 S.Ct. 326 , 87 L.Ed. 434 (1943). 5) Petitioners contend that Federal Trade Commission Rules of Practice § 3.43(a), 16 C.F.R. § 3.43 (a), placed upon FTC counsel the burden of proving that petitioners’ weight reduction program is unsafe and ineffective and that the FTC failed to carry that burden.
discussed
Cited "see"
International Ladies' Garment Workers Union, Local 415-475, Afl-Cio v. National Labor Relations Board
General Drivers, Chauffeurs, and Helpers, Local 886, AFL v. NLRB, 179 F.2d 492, 494 (10th Cir. 1950) ; Lincourt v. NLRB, 170 F.2d 306, 307 (1st Cir. 1948) ; see NLRB v. Indiana & Michigan Electric Co., 318 U.S. 9, 18 , 63 S.Ct. 394 , 87 L.Ed. 579 (1943) ; NLRB v. National Broadcasting Co., 150 F. 2d 895, 899 (2d Cir. 1945) ; NLRB v. Barrett Co., 120 F.2d 583, 586 (7th Cir. 1941). 20 .
discussed
Cited "see"
Standard Industries, Inc. v. Mobil Oil Corporation
See American Medical Ass'n v. United States, 76 U.S.App.D.C. 70 , 130 F.2d 233 at 251-252 (1942), aff'd, 317 U.S. 519 , 63 S.Ct. 326 , 87 L.Ed. 434 (1942), and Greater New York Live Poultry Chamber of Commerce v. United States, 47 F.2d 156 at 159 (2d Cir. 1931), cert. denied, 283 U.S. 837 , 51 S.Ct. 486 , 75 L.Ed. 1448 (1931). 35 In short, then, the jury in our view was entitled to know the full story and the trial court did not err in refusing to limit the plaintiffs to proof of events occurring within the territorial limits of the State of Oklahoma.
discussed
Cited "see"
Standard Industries, Inc. v. Mobil Oil Corp.
See American Medical Ass’n v. United States, 76 U.S.App.D.C. 70 , 130 F.2d 233 at 251-252 (1942), aff’d, 317 U.S. 519 , 63 S.Ct. 326 , 87 L.Ed. 434 (1942), and Greater New York Live Poultry Chamber of Commerce v. United States, 47 F.2d 156 at 159 (2d Cir. 1931), cert. denied, 283 U.S. 837 , 51 S.Ct. 486 , 75 L.Ed. 1448 (1931).
discussed
Cited "see"
American Pharmaceutical Ass'n v. United States Department of Justice
See also, United States v. Utah Pharmaceutical Ass’n, 201 F.Supp. 29 (D.Utah, 1962), appeal dismissed for lack of jurisdiction, 306 F.2d 493 (C.A. 10, 1962), aff’d mem. 371 U.S. 24 , 83 S.Ct. 119 , 9 L.Ed.2d 96 ; see in general, American Medical Ass’n v. United States, 317 U.S. 519 , 63 S.Ct. 326 , 87 L.Ed. 434 (1943).
cited
Cited "see"
Harris v. Stynchcombe
See Holley v. Lawrence, 194 Ga. 529, 532 ( 22 SE2d 154 ), appeal dismissed, 317 U. S. 518 (63 SC 394, 87 LE 434); Ferguson v. Georgia, supra (1); Roberts v. Dutton, 368 F2d 465, 473.
cited
Cited "see"
Friends of Animals, Inc. v. American Veterinary Medical Ass'n
See American Medical Ass’n v. United States, 317 U.S. 519, 528 , 63 S.Ct. 326 , 87 L.Ed. 434 (1943).
discussed
Cited "see"
National Labor Relations Board, Applicant-Appellee v. Elmer R. Lewis, President, Plastic Workers Union Local 18, L. U. D. T. W., Afl-Cio
See National Labor Relations Board v. Indiana & Michigan Electric Co. et al., 318 U.S. 9, 17-18 , 63 S.Ct. 394 , 87 L.Ed. 579 ; Hourihan v. National Labor Relations Board et al., 91 U.S.App.D.C. 316 , 201 F.2d 187, 188 .
cited
Cited "see"
National Labor Relations Board v. Fulton Bag & Cotton Mills
See National Labor Relations Board v. Indiana & Michigan Electric Co., 318 U.S. 9, 18 , 63 S.Ct. 394 , 87 L.Ed. 579 .
discussed
Cited "see"
United States v. St. Louis Dairy Co.
See United States v. General Motors Corporation, 7 Cir., 121 F.2d 376 , certiorari denied 314 U.S. 618 , 62 S.Ct. 105 , 86 L.Ed. 497 , and American Medical Ass'n v. United States, 76 U.S.App.D.C. 70 , 130 F.2d 233 , affirmed 317 U.S. 519 , 63 S.Ct. 326 , 87 L.Ed. 434 .
cited
Cited "see"
Prudential Ins. Co. of America v. Barnett
See American Medical Ass’n v. United States, 317 U. S. 519 , 63 S. Ct. 326 , 87 L.
cited
Cited "see"
Prudential Ins. Co. v. Barnett
See American Medical Ass'n v. United States, 317 U.S. 519 , 63 S.Ct. 326 , 87 L.Ed. 434 ; Associated Press v. National Labor Relations Board, 301 U.S. 103 , 57 S.Ct. 650 , 81 L.Ed. 953 .
discussed
Cited "see"
National Labor Relations Board v. National Broadcasting Co.
(2×)
See National Labor Relations Board v. Indiana & Michigan Electric Co., 318 U.S. 9, 18, 19 , 63 S.Ct. 394 , 87 L.Ed. 579 ; Jacobsen v. National Labor Relations Board, 3 Cir., 120 F.2d 96, 100 . *900 3.
discussed
Cited "see, e.g."
California State Council Of Carpenters v. Associated General Contractors Of California, Inc.
See also American Medical Ass'n v. United States, 317 U.S. 519 , 63 S.Ct. 326 , 87 L.Ed. 434 (1943) (attempt by a doctors' organization to induce hospitals not to deal with doctors who engaged in prepaid medicine plans violated section 3 of the Sherman Act); Fashion Originators' Guild v. FTC, 312 U.S. 457 , 61 S.Ct. 703 , 85 L.Ed. 949 (1941) (agreement among members of a group of dress designers and textile manufacturers to boycott and decline to sell their products to retailers who sold garments copied from designs put out by group members violated the antitrust laws); Paramount Famous Lasky …
discussed
Cited "see, e.g."
California State Council of Carpenters v. Associated General Contractors of California, Inc.
See also American Medical Ass’n v. United States, 317 U.S. 519 , 63 S.Ct. 326 , 87 L.Ed. 434 (1943) (attempt by a doctors’ organization to induce hospitals not to deal with doctors who engaged in prepaid medicine plans violated section 3 of the Sherman Act); Fashion Originators’ Guild v. FTC, 312 U.S. 457 , 61 S.Ct. 703 , 85 L.Ed. 949 (1941) (agreement among members of a group of dress designers and textile manufacturers to boycott and decline to sell their products to retailers who sold garments copied from designs put out by group members violated the antitrust laws); Paramount Famous …
discussed
Cited "see, e.g."
Action on Safety and Health v. Federal Trade Commission
(2×)
See, e.g., Jacob Siegel Co. v. FTC, 327 U.S. 608, 611-612 , 66 S.Ct. 758 , 90 L.Ed. 888 (1946) 14 See, e.g., NLRB v. Indiana & Michigan Electric Co., 318 U.S. 9 , 63 S.Ct. 394 , 87 L.Ed. 579 (1943); Kixmiller v. SEC, 160 U.S.App.D.C. 375 , 492 F.2d 641, 645 (1974) and cases cited therein 15 Accord, FTC v. Universal Rundle Corp., 387 U.S. 2448 87 S.Ct. 1622 , 18 L.Ed.2d 749 (1967).
discussed
Cited "see, e.g."
Marjorie Webster Junior College, Inc., a Corporation v. Middle States Association of Colleges and Secondardy Schools, Inc., a Corporation
Compare American Medical Ass’n v. United States, 317 U.S. 519, 528-529 , 63 S.Ct. 326, 328 , 87 L.Ed. 434 (1943): As the Court of Appeals properly remarked, the calling or occupation of the individual physicians charged as defendants is immaterial if the purpose and effect of their conspiracy was * * * obstruction and restraint of the business of Group Health. * * * Whether the conspiracy was aimed at restraining or destroying competition, or had as its purpose a restraint of the free availability of medical or hospital services in the market, the Apex case \_supra note 12] places it within …
cited
Cited "see, e.g."
Northern California Pharmaceutical Association, a Corporation, and Donald K. Hedgpeth v. United States
See also, American Medical Ass’n v. United States, 76 U.S.App.D.C. 70 , 130 F.2d 233, 244-245 (1942), affirmed, 317 U.S. 519 , 63 S.Ct. 326 , 87 L.Ed. 434 (1943). 13 .
discussed
Cited "see, e.g."
Tatkin v. SUPERIOR COURT OF LOS ANGELES CTY.
The Sherman Act also is described as an embodiment or restatement of the common law. ( Apex Hosiery Co. v. Leader, 310 U.S. 469, 498 [ 60 S.Ct. 982 , 84 L.Ed. 1311 , 128 A.L.R. 1044 ]; see also Rolley, Inc. v. Merle Norman Cosmetics, 129 Cal. App.2d 844, 849 [ 278 P.2d 63 , 282 P.2d 991 ].) The Supreme Court of the United States has twice expressly declined to hold that the practice of medicine constitutes "trade or commerce" within the meaning of that statute. ( American Medical Association v. United States, 317 U.S. 519, 528 [ 63 S.Ct. 326 , 87 L.Ed. 434 ]; United States v. Oregon State Medi…
discussed
Cited "see, e.g."
Richard C. Darnell, T/a Abbey Personnel Counselors v. Emmett H. Markwood, Katherine B. Markwood, Leo M. Bernstein & Co., and Clara B. Sennett
Atlantic Cleaners & Dyers v. United States, 286 U.S. 427, 434-437 , 52 S.Ct. 607 , 76 L.Ed. 1204 ; see, also, American Medical Ass'n v. United States, 317 U.S. 519, 529 , 63 S.Ct. 326 , 87 L.Ed. 434 .
Retrieving the full opinion text from the archive…
Holley
v.
Lawrence, Warden
v.
Lawrence, Warden
600.
Supreme Court of the United States.
Jan 18, 1943.
Mr. Benjamin E. Pierce for appellant.
Per Curiam.
Cited by 4 opinions | Published
Citer courts: Fourth Circuit (2) · D.C. Circuit (1)
Per Curiam.
The motion for leave to proceed in forma pauperis is granted. The Court has examined all the federal questions raised by appellant. In so far as the appeal challenges the validity of Georgia Code § 38-1604, which makes in-' competent the testimony of a wife at the trial of her husband, the judgment of the court below rests upon a non-federal ground adequate to support it, namely, that the failure to tender such testimony at the trial barred any later claim of the alleged constitutional right (Atlantic Coast Line R. Co. v. Mims, 242 U. S. 532, 535). The Court finds that no other federal question presented by the appeal warrants review by this Court. The appeal is accordingly dismissed.
Dismissed.