Hawaii v. Standard Oil Co.
Supreme Court of the United States
Hawaii v. Standard Oil Co. of California et al.
Certiorari to the United States Court of Appeals for the Ninth Circuit
No. 70-49 Argued: October 21, 1971 --- Decided: March 1, 1972
Section 4 of the Clayton Act does not authorize a State to sue for damages for an injury to its general economy allegedly attributable to a violation of the antitrust laws. Pp. 257-266.
431 F. 2d 1282, affirmed.
MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, and BLACKMUN, JJ., joined. DOUGLAS, J., filed a dissenting opinion, post, p. 266. BRENNAN, J., filed a dissenting opinion, in which DOUGLAS, J., joined post, p. 270. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the case.
Maxwell M. Blecher argued the cause for petitioner. With him on the briefs were Bertram Kanbara, Attorney General of Hawaii, Hiromu Suzawa, Acting Attorney General, George Pai, Deputy Attorney General, Joseph L. Alioto, and Peter J. Donnici.
Francis R. Kirkham argued the cause for respondents. With him on the brief were Richard J. MacLaury, Moses Lasky, Malcolm T. Dungan, and William Simon.
Briefs of amici curiae urging reversal were filed by Evelle J. Younger, Attorney General of California, and Anthony C. Joseph, Robert Murphy, Herbert Davis, Michael I. Spiegel, and Carole A. Kornblum, Deputy Attorneys General, for the State of California, and by the Attorneys General and other officials for their respective States and jurisdictions as follows: William T. Baxley, Attorney General of Alabama, Gary K. Nelson, Attorney General of Arizona, Ray Thornton, Attorney General of Arkansas, Duke W. Dunbar, Attorney General of Colorado, Robert K. Killian, Attorney General of Connecticut, W. Laird Stabler, Jr., Attorney General of Delaware, Robert L. Shevin, Attorney General of Florida, W. Anthony Park, Attorney General of Idaho, William J. Scott, Attorney General of Illinois, Richard C. Turner, Attorney General of Iowa, Vern Miller, Attorney General of Kansas, John B. Breckinridge, Attorney General of Kentucky, Jack P.F. Gremillion, Attorney General of Louisiana, James S. Erwin, Attorney General of Maine, Robert H. Quinn, Attorney General of Massachusetts, Frank J. Kelley, Attorney General of Michigan, Warren Spannaus, Attorney General of Minnesota, John C. Danforth, Attorney General of Missouri, Robert L. Woodahl, Attorney General of Montana, Robert List, Attorney General of Nevada, Warren B. Rudman, Attorney General of New Hampshire, George F. Kugler, Jr., Attorney General of New Jersey, David L. Norvell, Attorney General of New Mexico, Louis J. Lefkowitz, Attorney General of New York, Helgi Johanneson, Attorney General of North Dakota, William J. Brown, Attorney General of Ohio, Larry Derryberry, Attorney General of Oklahoma, Richard J. Israel, Attorney General of Rhode Island, Gordon Mydland, Attorney General of South Dakota, David M. Pack, Attorney General of Tennessee, Crawford C. Martin, Attorney General of Texas, Vernon B. Romney, Attorney General of Utah, James M. Jeffords, Attorney General of Vermont, Andrew P. Miller, Attorney General of Virginia, Slade Gorton, Attorney General of Washington, Chauncey H. Browning, Jr., Attorney General of West Virginia, Robert W. Warren, Attorney General, and George F. Sieker, Assistant Attorney General, of Wisconsin, and J. Lee Rankin of the City of New York.