Nix v. Hedden the respondent and found that the tomato should be classified under the customs regulations as a vegetable, based on the ways in which it is used, and the popular perception to this end. Justice Horace Gray, writing the opinion for the Court, stated that: Justice Gray, citing several Supreme Court cases ("Brown v. Piper," 91 U.S. 37, 42, and "Jones v. U.S.," 137 U.S. 202, 216) stated that when words have acquired no special meaning in trade or commerce, the ordinary meaning must be used by the court. In this case dictionaries cannot be admitted as evidence, but only as
Gamco, Inc. v. Providence Fruit & Produce Building, Inc. attempted monopolization instead of "in terms of a conspiracy among competing wholesalers to monopolize the wholesale fruit and vegetable business of Providence by excluding competition deemed undesirable," as for example in "United States v. Terminal Railroad Association. ● A.D. Neale characterized the "Gamco" case as holding: "The Sherman Act requires that where facilities cannot practically be duplicated by would-be competitors, those in possession of them must allow them to be shared on fair terms. It is illegal restraint of trade to foreclose the scarce facility." Essential facilities doctrine Gamco, Inc. v. Providence Fruit & Produce Building, Inc. Gamco, Inc. v.