Data Proc. Fin. Gen. v. Int'l Bus. Mach

2 Citing cases

  1. Manor Drug Stores v. Blue Chip Stamps

    492 F.2d 136 (9th Cir. 1974)   Cited 20 times
    In Manor Drug Stores v. Blue Chip Stamps, 492 F.2d 136 (9th Cir. 1973) the Court of Appeals compared a consent decree which required the appellee to offer its shares to particular non-shareholders, to a contract to purchase.

    ( E. g., Buckeye Co. v. Hocking Valley Co. (1925) 269 U.S. 42, 46 S.Ct. 61, 70 L.Ed. 155; United States v. ASCAP (2d Cir. 1965) 341 F.2d 1003; Control Data Corp. v. IBM Corp. (D.Minn. 1969) 306 F. Supp. 839, aff'd sub nom. Data Processing Financial General Corp. v. IBM Corp. (8th Cir. 1970) 430 F.2d 1277. See Dahl, Inc. v. Roy Cooper Co. (9th Cir. 1971) 448 F.2d 17, 20.

  2. Manor Drug Stores v. Blue Chip Stamps

    339 F. Supp. 35 (C.D. Cal. 1971)   Cited 5 times

    The fact that the decree was intended to benefit certain non-parties does not confer on them an independent cause of action for violations of the decree. Control Data Corp. v. International Bus. Mach. Corp., 306 F. Supp. 839 (D.Minn. 1969), aff'd 430 F.2d 1277, 1278 (8th Cir. 1970). In Control Data, plaintiffs were barred from asserting defendants' alleged violations of two prior consent decrees even though plaintiffs did not per se seek to enforce the provisions of the earlier decrees and even though the decrees clearly intended to benefit defendants' competitors, including plaintiffs.