hawaii
standard
oil
argued
october
decided
march
section
clayton
act
authorize
state
sue
damages
injury
general
economy
allegedly
attributable
violation
antitrust
laws
pp
affirmed
marshall
delivered
opinion
burger
stewart
white
blackmun
joined
douglas
filed
dissenting
opinion
post
brennan
filed
dissenting
opinion
douglas
joined
post
powell
rehnquist
took
part
consideration
decision
case
maxwell
blecher
argued
cause
petitioner
briefs
bertram
kanbara
attorney
general
hawaii
hiromu
suzawa
acting
attorney
general
george
pai
deputy
attorney
general
joseph
alioto
peter
donnici
francis
kirkham
argued
cause
respondents
brief
richard
maclaury
moses
lasky
malcolm
dungan
william
simon
briefs
amici
curiae
urging
reversal
filed
evelle
younger
attorney
general
california
anthony
joseph
robert
murphy
herbert
davis
michael
spiegel
carole
kornblum
deputy
attorneys
general
state
california
attorneys
general
officials
respective
jurisdictions
follows
william
baxley
attorney
general
alabama
gary
nelson
attorney
general
arizona
ray
thornton
attorney
general
arkansas
duke
dunbar
attorney
general
colorado
robert
killian
attorney
general
connecticut
laird
stabler
attorney
general
delaware
robert
shevin
attorney
general
florida
anthony
park
attorney
general
idaho
william
scott
attorney
general
illinois
richard
turner
attorney
general
iowa
vern
miller
attorney
general
kansas
john
breckinridge
attorney
general
kentucky
jack
gremillion
attorney
general
louisiana
james
erwin
attorney
general
maine
robert
quinn
attorney
general
massachusetts
frank
kelley
attorney
general
michigan
warren
spannaus
attorney
general
minnesota
john
danforth
attorney
general
missouri
robert
woodahl
attorney
general
montana
robert
list
attorney
general
nevada
warren
rudman
attorney
general
new
hampshire
george
kugler
attorney
general
new
jersey
david
norvell
attorney
general
new
mexico
louis
lefkowitz
attorney
general
new
york
helgi
johanneson
attorney
general
north
dakota
william
brown
attorney
general
ohio
larry
derryberry
attorney
general
oklahoma
richard
israel
attorney
general
rhode
island
gordon
mydland
attorney
general
south
dakota
david
pack
attorney
general
tennessee
crawford
martin
attorney
general
texas
vernon
romney
attorney
general
utah
james
jeffords
attorney
general
vermont
andrew
miller
attorney
general
virginia
slade
gorton
attorney
general
washington
chauncey
browning
attorney
general
west
virginia
robert
warren
attorney
general
george
sieker
assistant
attorney
general
wisconsin
lee
rankin
city
new
york
justice
marshall
delivered
opinion
issue
presented
case
whether
clayton
act
stat
authorizes
state
sue
damages
injury
economy
allegedly
attributable
violation
antitrust
laws
hold
procedural
history
second
count
read
relevant
part
plaintiff
hawaii
acts
capacity
parens
patriae
trustee
use
citizens
purchased
refined
petroleum
products
defendant
coconspirator
herein
unlawful
contracts
combination
conspiracy
restraint
trade
unlawful
combination
conspiracy
monopolize
monopolization
resulted
plaintiff
citizens
paying
refined
petroleum
products
paid
freely
operating
competitive
market
plaintiff
yet
ascertained
precise
extent
said
damage
citizens
however
said
amount
ascertained
plaintiff
ask
leave
insert
said
sum
herein
respondents
moved
dismiss
second
third
counts
complaint
district
held
hearing
determine
propriety
state
suing
behalf
citizens
respect
count
two
held
hawaii
even
alleged
interest
citizens
claims
much
less
interest
aside
state
proprietary
rights
granted
motions
dismiss
viewing
class
action
overlapping
parallel
alternative
parens
patriae
claim
dismissed
third
count
well
hawaii
filed
fourth
amended
complaint
february
complaint
concerned
count
one
contains
reiteration
hawaii
claim
proprietary
capacity
state
paid
excessive
price
petroleum
products
purchased
respondents
count
two
new
parens
patriae
claim
count
three
drawn
class
action
parens
patriae
claim
stated
following
manner
state
hawaii
acting
attorney
general
brings
action
virtue
duty
protect
general
welfare
state
citizens
acting
herein
parens
patriae
trustee
guardian
representative
citizens
recover
damages
secure
injunctive
relief
violations
antitrust
laws
hereinbefore
alleged
unlawful
contracts
combination
conspiracy
restraint
trade
unlawful
combination
conspiracy
monopolize
monopolization
hereinbefore
alleged
injured
adversely
affected
economy
prosperity
state
hawaii
among
others
following
ways
revenues
citizens
wrongfully
extracted
state
hawaii
taxes
affecting
citizens
commercial
entities
increased
affect
losses
revenues
income
opportunity
manufacturing
shipping
commerce
sic
restricted
curtailed
full
complete
utilization
natural
wealth
state
prevented
high
cost
manufacture
hawaii
precluded
goods
made
equal
competitive
access
national
market
measures
taken
state
promote
general
progress
welfare
people
frustrated
hawaii
economy
held
state
arrested
development
plaintiff
yet
ascertained
precise
extent
said
damage
citizens
however
said
amount
ascertained
plaintiff
ask
leave
insert
said
sum
herein
respondents
moved
dismiss
second
third
counts
hearing
district
class
action
dismissed
ground
circumstances
class
action
based
upon
injury
every
individual
purchaser
gasoline
state
context
pleadings
unmanageable
rather
extensive
opinion
examined
law
developed
concerning
suits
state
parens
patriae
denied
motions
dismiss
second
count
supp
recognizing
state
law
unclear
district
certified
decision
denying
motions
dismiss
interlocutory
appeal
pursuant
appeal
appeals
ninth
circuit
reversed
decision
district
directed
second
count
complaint
dismissed
certiorari
granted
might
review
decision
ii
state
parens
patriae
nature
parens
patriae
suit
greatly
expanded
beyond
existed
england
expansion
first
evidenced
louisiana
texas
case
state
louisiana
brought
suit
enjoin
officials
state
texas
administering
texas
quarantine
regulations
prevent
louisiana
merchants
sending
goods
texas
recognized
louisiana
attempting
sue
particular
injury
business
state
parens
patriae
citizens
found
parens
patriae
properly
invoked
case
propriety
utility
parens
patriae
suits
clearly
recognized
acceptance
notion
parens
patriae
suits
louisiana
texas
followed
series
cases
missouri
illinois
holding
missouri
permitted
sue
illinois
chicago
sanitation
district
behalf
missouri
citizens
enjoin
discharge
sewage
mississippi
river
kansas
colorado
holding
kansas
permitted
sue
parens
patriae
enjoin
diversion
water
interstate
stream
georgia
tennessee
copper
holding
georgia
entitled
sue
enjoin
fumes
copper
plant
across
state
border
injuring
land
five
georgia
counties
new
york
new
jersey
holding
new
york
sue
enjoin
discharge
sewage
new
york
harbor
pennsylvania
west
virginia
holding
pennsylvania
might
sue
enjoin
restraints
commercial
flow
natural
gas
north
dakota
minnesota
holding
minnesota
sue
enjoin
changes
drainage
increase
flow
water
interstate
stream
cases
establish
right
state
sue
parens
patriae
prevent
repair
harm
quasisovereign
interests
deal
primarily
original
suits
brought
directly
pursuant
art
iii
constitution
rights
action
question
case
whether
hawaii
may
maintain
lawsuit
behalf
citizens
rather
whether
injury
seeks
recover
compensable
clayton
act
hence
hawaii
claim
resolved
simply
reference
general
principles
governing
parens
patriae
actions
time
ever
faced
question
relief
antitrust
laws
offer
state
suing
parens
patriae
georgia
pennsylvania
case
relied
heavily
parties
herein
case
georgia
sought
invoke
original
jurisdiction
filing
amended
bill
complaint
railroads
alleging
essence
railroads
conspired
restrain
trade
fix
prices
manner
favor
shippers
particularly
northern
detriment
georgia
shippers
like
suit
georgia
arose
federal
antitrust
laws
plain
face
complaint
prayer
damages
injunctive
relief
see
georgia
claimed
conspiracy
severely
damaged
economy
sought
recover
damages
behalf
citizens
upheld
georgia
claim
parens
patriae
respect
injunctive
relief
occasion
consider
whether
antitrust
laws
also
authorized
damages
injury
state
economy
since
approval
challenged
rates
interstate
commerce
commission
barred
damage
recovery
ground
remedy
given
georgia
shippers
unfair
advantage
shippers
see
keogh
chicago
northwestern
nowhere
georgia
address
question
whether
clayton
act
authorizes
damages
injury
general
economy
state
thus
question
presented
open
iii
hawaii
antitrust
laws
person
shall
injured
business
property
reason
anything
forbidden
antitrust
laws
may
sue
therefore
district
district
defendant
resides
found
agent
without
respect
amount
controversy
shall
recover
threefold
damages
sustained
cost
suit
including
reasonable
attorney
fee
person
firm
corporation
association
shall
entitled
sue
injunctive
relief
jurisdiction
parties
threatened
loss
damage
violation
antitrust
laws
conditions
principles
injunctive
relief
threatened
conduct
cause
loss
damage
granted
courts
equity
rules
governing
proceedings
legislative
history
sherman
clayton
acts
instructive
congress
included
business
property
requirement
likely
explanation
lies
essential
differences
two
remedies
government
governments
state
individual
threatened
injury
antitrust
violation
may
sue
injunctive
relief
violations
antitrust
laws
may
theoretically
simultaneously
persons
violations
fact
one
injunction
effective
concomitantly
injunctions
effective
one
case
illustrates
point
well
parties
virtual
agreement
whether
hawaii
sue
injunctive
relief
parens
patriae
little
consequence
long
seek
relief
proprietary
capacity
theoretical
differences
may
exist
respect
parties
capable
enforcing
parens
patriae
injunction
opposed
one
secured
state
proprietary
capacity
differences
crucial
defendant
antitrust
case
position
defendant
faced
numerous
claims
damages
much
different
defendant
sued
different
persons
one
person
separate
cumulative
claims
claim
damages
potential
liability
obviously
far
greater
one
persons
sued
one
claim
thus
striking
contrast
potential
impact
suits
injunctive
relief
suits
damages
every
violation
antitrust
laws
blow
system
envisaged
congress
see
northern
pacific
system
depends
strong
competition
health
vigor
strong
competition
depends
turn
compliance
antitrust
legislation
enacting
laws
congress
many
means
disposal
penalize
violators
example
required
violators
compensate
federal
state
local
governments
estimated
damage
respective
economies
caused
violations
remedy
selected
instead
congress
chose
permit
persons
sue
recover
three
times
actual
damages
every
time
injured
business
property
antitrust
violation
offering
potential
litigants
prospect
recovery
three
times
amount
damages
congress
encouraged
persons
serve
private
attorneys
general
see
zenith
radio
hazeltine
research
perma
life
mufflers
international
parts
fortas
concurring
result
thus
permits
hawaii
sue
proprietary
capacity
three
times
damages
suffered
respondents
alleged
antitrust
violations
section
gives
right
every
citizen
hawaii
respect
damage
business
property
addition
hold
congress
authorized
state
recover
damages
injury
general
economy
open
door
duplicative
recoveries
large
ultimately
indeterminable
part
injury
general
economy
measured
economists
reflection
injuries
business
property
consumers
may
recover
even
lengthy
expensive
trial
final
analysis
cope
problems
double
recovery
inherent
allowing
damages
harm
economic
interests
state
least
latter
type
injury
compensable
antitrust
laws
insist
upon
clear
expression
congressional
purpose
make
expression
found
clayton
act
like
lower
courts
considered
meaning
words
business
property
conclude
refer
commercial
interests
enterprises
see
roseland
phister
mfg
hamman
supp
mont
appeal
dismissed
broadcasters
morristown
broadcasting
supp
nj
state
seeks
damages
injuries
commercial
interests
may
sue
state
seeks
damages
injuries
properly
within
clayton
act
support
reading
found
legislative
history
provision
authorizing
recovery
damages
limits
recovery
damages
business
property
legislative
history
provision
makes
quite
plain
authorized
recover
general
injury
national
economy
government
ability
carry
functions
injuries
suffered
capacity
consumer
goods
services
course
amply
equipped
criminal
civil
process
enforce
antitrust
laws
proposed
legislation
quite
properly
treats
solely
buyer
goods
permits
recovery
actual
damages
suffered
note
passing
state
claim
costs
burdens
protracted
litigation
render
private
citizens
impotent
bring
actions
thus
denying
hawaii
right
sue
injury
interests
allow
antitrust
violations
go
virtually
unremedied
private
citizens
powerless
however
state
suggests
congress
given
private
citizens
rights
action
injunctive
relief
damages
antitrust
violations
without
regard
amount
controversy
rule
federal
rules
civil
procedure
provides
class
actions
may
enhance
efficacy
private
actions
permitting
citizens
combine
limited
resources
achieve
powerful
litigation
posture
district
dismissed
hawaii
class
action
unwieldy
hold
state
never
bring
class
action
behalf
consumer
citizens
respondents
moving
dismiss
count
three
fourth
amended
complaint
state
sought
bring
action
virtually
conceded
class
actions
might
appropriate
certain
circumstances
fact
successful
antitrust
suit
damages
recovers
costs
litigation
also
attorney
fees
provide
scarcity
members
bar
aid
prospective
plaintiffs
bringing
suits
parens
patriae
actions
may
theory
related
class
actions
latter
definitely
preferable
antitrust
area
rule
provides
specific
rules
delineating
appropriate
establishes
bound
action
effectively
prevents
duplicative
recoveries
judgment
appeals
affirmed
reasons
stated
ordered
footnotes
third
amended
complaint
state
abandoned
claim
made
initial
complaint
act
stat
violated
claim
resurrected
later
stages
proceedings
opinion
unreported
contained
app
reporter
tr
may
district
offered
certify
dismissal
hawaii
count
hawaii
indicated
intention
appeal
ruling
since
ruling
appealed
review
although
appeals
directed
count
dismissed
entirety
parties
suggested
decision
foreclosed
relief
state
might
obtain
way
injunction
malina
blechman
state
protection
state
protection
blackstone
commentaries
ibid
article
iii
constitution
confers
original
jurisdiction
upon
suits
one
state
citizen
another
state
order
properly
invoke
jurisdiction
state
must
bring
action
behalf
behalf
particular
citizens
see
louisiana
texas
new
hampshire
louisiana
oklahoma
atchison
action
brought
one
state
another
violates
eleventh
amendment
plaintiff
state
actually
suing
recover
injuries
designated
individuals
see
new
hampshire
louisiana
supra
north
dakota
minnesota
evident
bill
complaint
georgia
sought
sue
four
slightly
different
capacities
sovereign
capacity
first
count
second
count
proprietary
capacity
third
count
protector
general
class
citizens
fourth
count
damages
sought
count
although
treble
damages
sought
last
count
true
justice
brennan
suggests
injury
state
proprietary
capacity
alleged
count
one
complaint
affects
citizens
much
way
injury
sort
claimed
hawaii
effect
increasing
taxes
reducing
government
services
mean
two
kinds
injuries
identical
nature
injury
state
occurs
capacity
consumer
marketplace
payment
money
wrongfully
induced
chattanooga
foundry
pipe
works
city
atlanta
damages
established
amount
overcharge
courts
go
beyond
fact
injury
determine
whether
victim
overcharge
partially
recouped
loss
way
even
though
state
example
may
ultimately
recoup
part
overcharge
increased
taxes
paid
seller
see
hanover
shoe
shoe
machinery
measurement
injury
general
economy
hand
necessarily
involves
examination
impact
restraint
trade
upon
every
variable
affects
state
economic
health
task
extremely
difficult
real
economic
world
rather
economist
hypothetical
model
lower
courts
virtually
unanimous
concluding
congress
intend
antitrust
laws
provide
remedy
damages
injuries
might
conceivably
traced
antitrust
violation
see
miley
john
hancock
mutual
life
insurance
supp
mass
aff
cert
denied
billy
baxter
cert
denied
kauffman
dreyfus
fund
cert
denied
south
carolina
council
newton
cert
denied
dailey
quality
school
plan
volasco
products
lloyd
fry
roofing
cert
denied
commonwealth
edison
mfg
cert
denied
sub
nom
illinois
commonwealth
edison
sanitary
milk
producers
bergjans
farm
dairy
hoopes
union
oil
nationwide
auto
app
serv
association
whenever
hereafter
injured
business
property
reason
anything
forbidden
antitrust
laws
may
sue
therefor
shall
recover
actual
damages
sustained
cost
suit
stat
section
enacted
following
decision
cooper
held
person
within
meaning
sherman
act
predecessor
clayton
act
recovery
limited
actual
rather
treble
damages
congress
reasoned
unlike
private
party
needed
extraordinary
incentive
bring
antitrust
suits
justice
douglas
dissenting
today
decision
reflects
miserly
approach
fashioning
federal
remedies
rectifying
injuries
collective
interests
citizens
state
action
state
reminiscent
illstarred
decision
ohio
wyandotte
chemicals
hawaii
fourth
amended
complaint
sues
damages
injunctive
relief
parens
patriae
virtue
duty
protect
general
welfare
state
citizens
alleges
alleged
conspiracy
among
respondent
oil
companies
injured
adversely
affected
economy
prosperity
hawaii
follows
revenues
citizens
wrongfully
extracted
state
hawaii
taxes
affecting
citizens
commercial
entities
increased
affect
losses
revenues
income
opportunity
manufacturing
shipping
commerce
restricted
curtailed
full
complete
utilization
natural
wealth
state
prevented
high
cost
manufacture
hawaii
precluded
goods
made
equal
competitive
access
national
market
measures
taken
state
promote
general
progress
welfare
people
frustrated
hawaii
economy
held
state
arrested
development
georgia
representative
public
complaining
wrong
proven
limits
opportunities
people
shackles
industries
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