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JI Case lawsuit

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Don Rudolph

03-20-2004 17:23:45




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Is any body aware of a lawsuit filed in 1951 or 1952 by Case dealers against JI Case company? I seem to remember reading something to that effect on this board. Thanks, Don




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ted

03-20-2004 23:28:55




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 Re: JI Case lawsuit in reply to Don Rudolph, 03-20-2004 17:23:45  
No strike in 1951-52. OK, here's the deal on the strike. "On Dec. 26, 1945, after receiving their Christmas bonus, the workers went out on their longest and most costly strike in company history. .... The strike lasted 440 days. It took a terrible toll on the company and its dealers, the union and its members, and even Case customers. Strikes ensued at (Racine), Rockford, Rock Island and Burlington.... a federal mediator arranged for a one-year contarct, dated March 10, 1947. ... Given the robust state of industrial unionism around the nation, the contract was a humiliating defeat for the union. ... It took almost 20 years for the union to recover and to regain the trust of its members. ... It was not until 1960 that the union was able to call a strike in Racine." PP 74-77 J.I. Case The Firts 150 Years by Micheal S. Holmes

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Mike Schotte

03-20-2004 19:22:42




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 Re: JI Case lawsuit in reply to Don Rudolph, 03-20-2004 17:23:45  
CASEPOWER has some copies of legal stuff from a J.I. Case lawsuit- but it was an anti-trust lawsuit brought by the Government, I thought.

If anybody knows what you are talking about, I bet he will...

-Schotte



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Neil

03-20-2004 23:27:19




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 Re: Re: JI Case lawsuit in reply to Mike Schotte, 03-20-2004 19:22:42  
Well, I got more curious so I looked it up. The information I posted below is wrong (Case has been in a lot of lawsuits through the years). The case you are asking about is actually U.S. v. J.I. Case, Co., 101 F. Supp. 856. It was indeed an anti-trust action brought by the government. Case renewed its contracts with the dealers once a year. And while there was no actual mention of it in the written contracts, allegedly the Case reps would threaten the dealers with non-renewal of the contract if they didn't deal exclusively in Case products. So the government brought suit under anti-trust laws because Case was purportedly hindering the free market by coercing their dealers to not sell other brands. Case prevailed for a number of reasons including the fact that the official company documentation prohibited employees from so coercing the dealers and the fact that there was no real evidence that the alleged practices caused the other companies to suffer a loss of business. There is a looong-winded explanation of the court's rationale in the opinion. It is pretty interesting though. It has figures about the various companies' gross revenues, market shares, etc. There's also an interesting discussion about how the shortage of farm machinery during WWII caused many dealers to sell multiple brands for a time.

As with the other case, if you want the full scoop just go to your nearest law library and ask for U.S. v. J.I. Case Co. F. Supp. 856.

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Don Rudolph

03-21-2004 05:40:12




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 Re: Re: Re: JI Case lawsuit in reply to Neil, 03-20-2004 23:27:19  
Neil,
Thank you very much for taking the time to look it up. Some Case blockmen were very insistent that their dealers only sell the Case line. However, the dealers remembered the strike of 1946 and many decided they couldn't take the chance of not having anything to sell again.



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Neil

03-21-2004 09:31:51




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 Re: Re: Re: Re: JI Case lawsuit in reply to Don Rudolph, 03-21-2004 05:40:12  
Don,

No problem really. It was interesting and didn't take that long after I thought about how to do it. Have a good one.

Neil



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Neil

03-20-2004 21:27:04




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 Re: Re: JI Case lawsuit in reply to Mike Schotte, 03-20-2004 19:22:42  
There's a blurb in my Torts book about a case that sounds similar to that: J.I. Case Co. v. Borak, 377 U.S. 426 (1964). Apparently the Supreme Court allowed a private citizen to bring a suit based on Case's alleged violation of the Securities Exchange Act of 1934. The quote on page 249 of my book (Cases and Materials on Torts, Seventh Edition, by Richard A. Epstein, Aspen Publishers) says: "the Supreme Court held that, in light of the 'broad remedial purposes' of the Securities Exchange Act of 1934, a shareholder had an implied cause of action for damages against his corporation for misrepresentations in violation of section 14(a) of that statute, which prohibits the use of false or misleading information in proxy fights for corporate control."

I'd love to look it up and tell you all about it, but I better get back to studying civil procedure. I would just copy and paste the opinion in here, but Westlaw would have my hide for that. In any event, if you have a law library nearby and you tell them you want to see J.I. Case Co. v. Borak, 377 U.S. 426 (1964), that should give you the full scoop.

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Glenn FitzGerald

03-20-2004 17:37:46




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 Re: JI Case lawsuit in reply to Don Rudolph, 03-20-2004 17:23:45  
Hi Don, good to see you on the post. I never heard of this lawsuit but will be watching the responses. You were right about many of the adjustable wide front ends being pretty worn out. I got my SC awf for $200, but I will probably have $500 into having it rebuilt. It's at our neighborhood welding shop now. Main casting was cracked in two places, main axel pivot pin and castings were very worn and loose, king pins are loose, and one steering stopper had been welded. It will be like new when I get it back. I still think I'm OK though as those SC awf run from $400-$1000 from what I've seen, and they all need work. I'm glad I don't have lots of other expensive interests! Glenn F.

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Don Rudolph

03-20-2004 17:51:46




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 Re: Re: JI Case lawsuit in reply to Glenn FitzGerald, 03-20-2004 17:37:46  
Glenn,
Are you waiting for spring as much as I am? Are you going to buy the neighbors 530? I have the engine back for the 400 and was going to put it back in today but just had too much other stuff going on. Talk about a money burner!!!! That tractor was just ran and ran until it died. Everything was just plain worn out but it is starting to come around now. Are you planning on showing your tractors this summer? We are taking the DC LP to Albert City in August. Don

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SHeiserman

03-20-2004 20:26:02




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 Re: Re: Re: JI Case lawsuit in reply to Don Rudolph, 03-20-2004 17:51:46  
If all goes well, see you there.



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Glenn F.

03-20-2004 20:02:31




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 Re: Re: Re: JI Case lawsuit in reply to Don Rudolph, 03-20-2004 17:51:46  
YES on the spring question! Progress is slow here on the tractor front...three growing children and all! I would like to show my tractors this summer but the most I am likely to accomplish is to get them both in good mechanical order. The DC has a fresh rebuilt engine and an AWF qaiting to be put on, and the SC(which is to be delivered April 24) will be getting its AWF and other misc. repairs like a new seat spring and welded fenders. I also have a utility trailor to get sandblasted, paint, and put the wood on. I also want to finish off my 22x34' shop...wire, insulate, etc. Now about your 400...what all did you have done to the engine? I remember you talking about the repairs to the front wheels and the new clutch. What all else did you have to do to it? The neighbors 530...they're asking $5200 OBO. It's got a real nice industrial looking Case loader on it. It is an ag tractor. My DC and SC have gotten pretty expensive. I'd like to get a VAC and LA to complete the flambeau line. Where is Albert City? I guess I've rambled long enough. Probably should have e-mailed.

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Don R

03-20-2004 21:02:28




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 Re: Re: Re: Re: JI Case lawsuit in reply to Glenn F., 03-20-2004 20:02:31  
WOW, 5200 seems a little high but I guess if you compare it to a decent new utility it is reasonable enough. The 400 engine was completely wore out-bad crank, bearings, seals, pistons, sleeves, diesel pump, injectors. It is an engine out of an 800. Also leaky radiator, leaky fuel tank, bad ring gear, bad starter, bad flywheel, bad pressure plate, bad throw out bearing. Front pedestal shot, front rims broke and welded, PTO bearing and seal shot. The generator charges though! Albert City, IA is the Case Heritage show this August 12-14th. Man, you have as many projects as I do!!!

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Jim

03-21-2004 03:37:02




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 Re: Re: Re: Re: Re: JI Case lawsuit in reply to Don R, 03-20-2004 21:02:28  
This thread was about a dealer lawsuit against Case. Only one reply addressed the topic. The rest went from tractor problems and strikes to other lawsuits. Did the respondee's have trouble understanding the question or just want to say something even if it did not pertain to the question posed?



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mj

03-22-2004 08:39:15




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 Re: Re: Re: Re: Re: Re: JI Case lawsuit in reply to Jim, 03-21-2004 03:37:02  
Guess maybe you could just say we all like to 'expand' on what is being discussed if we are 'stimulated' by a specific post or posts. Live with it.



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