Every person, corporation, joint-stock company, limited liability company, or other association engaged in business within this state which enters into any contract, combination, or conspiracy or which gives any direction or authority to do any act for the purpose of driving out of business any other person engaged therein or which for such purpose in the course of such business sells any article or product at less than its fair market value or at a less price than it is accustomed to demand or receive therefor in any other place under like conditions or which sells any article upon a condition, contract, or understanding that it shall not be sold again by the purchaser or restrains such sale by the purchaser shall be deemed guilty of a Class IV felony.
Notes of Decisions
Swain Constr., Inc. v. Ready Mixed Concrete Co., 542 N.W.2d 706 (Neb. Ct. App. 1996).
· cites it 2× “Swain alleged two theories of recovery in the petition: (1) tortious interference with a business relationship or expectancy *318 and (2) unlawful restraint of trade under Neb. Rev. Stat. § 59-805 (Reissue 1993) (part of the Junkin Act).”
Stanford Motor Co. v. Westman, 39 N.W.2d 841 (Neb. 1949).
· cites it 2× “Section 59-805, R. S. 1943, provides, in part, as follows: “Every person, * * * or other association engaged in business within this state, * * * who shall sell *852 any article upon a condition, contract or understanding that it shall not be sold again by the purchaser, or…”
Oak Grove Farm Ltd. P'ship v. Conagra, Inc., 105 F. Supp. 2d 1064 (D. Neb. 2000).
· cites it 15× “Does Neb.Rev.Stat.Ann. § 59-805 (Lexis 1995) apply only to contracts between competitors or does the statute also apply to contracts between a producer and a supplier? I will deny the motion to dismiss.”
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