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Appellate Advocacy Keyed to Meador, 2nd Ed.
Sears, Roebuck & Co. v. Mackey
Citation:
351 U.S. 427 (1956)Facts
In 1953, Mackey and Time Saver Tools, Inc. filed a complaint against Sears, Roebuck & Co. containing six counts (two were later disregarded). Count I alleged Sherman Antitrust Act violations by Sears that damaged three of Mackey’s commercial ventures, seeking treble damages of $570,000. Count II claimed damages based on diversity jurisdiction for Sears’ destruction of Metalcraft’s business. Count III sought damages for inducing breach of Mackey’s commission contract. Count IV claimed damages for destroying Time Saver’s business through unfair competition and patent infringement. The District Court dismissed Counts I and II without leave to amend, while Counts III and IV remained pending. The court certified the dismissal for immediate appeal under Rule 54(b) by expressly determining there was no just reason for delay and directing entry of judgment. Sears moved to dismiss the appeal, arguing the Court of Appeals lacked jurisdiction because the judgment was not final under 28 U.S.C. § 1291.
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