Tomato avocados, and squashes of all kinds (such as zucchini and pumpkins) are all botanically fruit, yet cooked as vegetables. This has led to legal dispute in the United States. In 1887, U.S. tariff laws that imposed a duty on vegetables, but not on fruit, caused the tomato's status to become a matter of legal importance. The U.S. Supreme Court settled this controversy on May 10, 1893, by declaring that the tomato is a vegetable, based on the popular definition that classifies vegetables by use—they are generally served with dinner and not dessert ("Nix v. Hedden" (149 U.S. 304)). The holding
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.