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D.E.L.T.A. Rescue v. The Humane Society of the U.S.
United States Court of Appeals for the Ninth Circuit
50 F.3d 710 (1995)
D.E.L.T.A. Rescue (DELTA) (plaintiff) was a nonprofit organization in Southern California that rescued, sheltered, and found homes for abandoned animals. The animal rescue was supported by donations and solicited donations through the mail. The Humane Society of the United States (the Humane Society) (defendant) was a corporation based in Washington, D.C., that also rescued animals, was supported by donations, and solicited donations through the mail. In 1992 DELTA filed a lawsuit in federal district court alleging that the Humane Society had violated §§ 1 and 2 of the Sherman Act by restraining trade and attempting to monopolize the market for animal-rescue donations. DELTA argued that the Humane Society’s actions had prevented DELTA from receiving up to $100 million in donations. The Humane Society filed a motion for summary judgment, arguing that the Sherman Act did not apply to the activities of the parties. The district court granted the Humane Society’s motion, holding that DELTA had not alleged a valid antitrust injury in the market for animal-rescue donations. DELTA appealed.
Rule of Law
Holding and Reasoning (Noonan, J.)
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