Case-Swayne Co., Inc. v. Sunkist Growers, Inc., 389 U.S. 384 (1967)

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Author: Justice Douglas

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Case-Swayne Co., Inc. v. Sunkist Growers, Inc., 389 U.S. 384 (1967)

MR. JUSTICE Douglas, dubitante.

I am not as certain as MR. JUSTICE WHITE appears to be that the immunity of the growers or cooperatives granted by the Capper-Volstead Act is only partially lost in case nongrowers combine with the growers or cooperatives. But the question is certainly not free of doubt, and it has not been argued. Nor have the questions discussed by MR. JUSTICE HARLAN been fully presented and argued. So far as we can tell at this stage of the litigation, all of those problems may turn out to be wholly abstract. The extent, let alone the nature, of participation by nongrower elements in the agreements and practices alleged to violate the antitrust laws has indeed hardly been explored. Therefore I think it is the part of wisdom specifically to reserve the questions with regard to the scope of the immunity that may survive today’s ruling.

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Chicago: Douglas, "Douglas, J., Statement," Case-Swayne Co., Inc. v. Sunkist Growers, Inc., 389 U.S. 384 (1967) in 389 U.S. 384 Original Sources, accessed August 13, 2022, http://www.originalsources.com/Document.aspx?DocID=3WJV8SZ1CG9LXK4.

MLA: Douglas. "Douglas, J., Statement." Case-Swayne Co., Inc. v. Sunkist Growers, Inc., 389 U.S. 384 (1967), in 389 U.S. 384, Original Sources. 13 Aug. 2022. http://www.originalsources.com/Document.aspx?DocID=3WJV8SZ1CG9LXK4.

Harvard: Douglas, 'Douglas, J., Statement' in Case-Swayne Co., Inc. v. Sunkist Growers, Inc., 389 U.S. 384 (1967). cited in 1967, 389 U.S. 384. Original Sources, retrieved 13 August 2022, from http://www.originalsources.com/Document.aspx?DocID=3WJV8SZ1CG9LXK4.