Boomer v. Atlantic Cement Co.

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Boomer v. Atlantic Cement Co.
the Government of New York

Syllabus

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Boomer v. Atlantic Cement Co., was a New York court case in which New York's highest court considered whether permanent damages were an appropriate remedy in lieu of a permanent injunction. The case was one of the first and most influential instances of a court applying permanent damages. It is widely referenced in law and economics research and case law.

696119Boomer v. Atlantic Cement Co. — Syllabusthe Government of New York

Court Documents
Opinion of the Court
Dissenting Opinion Jasen
Wikipedia article

Oscar H. Boomer et al., Appellants, v. Atlantic Cement Company, Inc., Respondent. (And Five Other Actions.); Charles J. Meilak et al., Appellants, v. Atlantic Cement Company, Inc., Respondent

Court of Appeals of New York

26 N.Y.2d 219; 257 N.E.2d 870; 309 N.Y.S.2d 312; 40 A.L.R.3d 590

October 31, 1969, Argued -- March 4, 1970, Decided

E. David Duncan for appellants in first above-entitled actions.

Daniel H. Prior, Jr. and John J. Biscone for appellants in second above-entitled action.

Thomas F. Tracy and Frank J. Warner, Jr. for respondent.

Chief Judge Fuld and Judges Burke and Scileppi concur with Judge Bergan; Judge Jasen dissents in part and votes to reverse in a separate opinion; Judges Breitel and Gibson taking no part.

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