SEARS, ROEBUCK & CO. V. MACKEY
351 U.S. 427 (1956)
NATURE OF THE CASE: This was a dispute over jurisdiction to appeal and an order upholding
appellate jurisdiction over an antitrust claim.
FACTS: Mackey (P) sued Sears (D) presenting multiple claims for relief; breach of
contract, unfair competition, and violations of the Sherman Antitrust Act. On two of the
claims the trial court entered judgment for D. P appealed that decision and D opposed with a
claim of lack of jurisdiction. The claims stated in Counts I and II were dismissed without
leave to amend while the claims for Counts III and IV were left intact. P charged D with a
violation of the Sherman Antitrust Act causing P to lose $190,000 and under treble damages;
$570,000. P appealed based on the final decision rule are argued that Rule 54(b) made an
unauthorized extension of 28 USC 1291. The Seventh Circuit upheld jurisdiction.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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