In Re New York Trap Rock Corporation’s Empirical Analysis

Citation profile

6 federal appellate · 1 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “An agreement to “control” the sale price is very different from an agreement that “affects” the sale price. To “control” a price is to “exercise restraining or directing influence over” it; to “regulate” or “curb,” “dominate,” or “rule” it. Webster’s Third New International Dictionary, 496 (G. & C. Merriam Co. 1976 ed.). In such context the term “control” implies more than acts causing an incidental or unintended impact on the price; it implies an intention or objective to influence the price. This interpretation also finds support in the legislative history. Congress explained that § 363(n) is “directed at collusive bidding on property,” (emphasis added) H.R.Rep. No. 595, 95th Cong., 1st Sess., at 346 (1978), reprinted in 1978 U.S.C.C.A.N. 5787, 5963, 6302. “Collusion” is defined as “secret cooperation for a fraudulent or deceitful purpose.” Webster’s Third New International Dictionary 446 (G. & C. Merriam Co. 1976 ed.). The use of the term “collusive” indicates that Congress intended in Section 363(n) to prohibit only agreements that are intended to control a sale price, and not all agreements having the unintended consequence of influencing a sale price — ie., not all agreements that affect a sale price.”

   1 later decision quote this exact passage · from the majority
   e.g. In Re Edwards