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William Inglis & Sons Baking Co. v. ITT Continental Baking Co.

United States Court of Appeals for the Ninth Circuit
668 F.2d 1014 (1981)

Written by John Reeves, JD

Facts

William Inglis & Sons Baking Co. (Inglis) (plaintiff) brought suit against ITT Continental Baking Co. (Continental) defendant). Inglis alleged that Continental set predatory pricing on the sale of private-label bread in an effort to force competitors such as Inglis out of the market. A jury trial took place, during which Inglis’s expert testified that Continental’s prices fell below average variable cost. The test that Inglis’s expert employed to determine this did not depend on the particular facts of the case. A jury returned a verdict for Inglis, but the district court granted Continental’s motion for judgment notwithstanding the verdict. The district court concluded that Inglis at best presented proof that prices had fallen below average variable cost—rather than below marginal cost, as required—and in fact Inglis had failed even in proving that prices had fallen below average variable cost. Inglis appealed.

Rule of Law

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Issue

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Holding and Reasoning (Sneed, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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