Sears, Roebuck & Co. v. Mackey

351 U.S. 427 (1956)

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Nature of the Case

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Facts

Mackey (P) sued Sears (D) presenting multiple claims for relief; breach of contract, unfair competition, and violations of the Sherman Antitrust Act. On two of the claims, the trial court entered judgment for D. P appealed that decision and D opposed with a claim of lack of jurisdiction. The claims stated in Counts I and II were dismissed without leave to amend while the claims for Counts III and IV were left intact. P charged D with a violation of the Sherman Antitrust Act causing P to lose $190,000 and under treble damages; $570,000. P appealed based on the final decision rule are argued that Rule 54(b) made an unauthorized extension of 28 USC 1291. The Seventh Circuit upheld jurisdiction.