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SUN COSMETIC SHOPPE v. ELIZABETH ARDEN SALES CORP.

No. 18, Docket 21333.

178 F.2d 150 (1949)

SUN COSMETIC SHOPPE, Inc. v. ELIZABETH ARDEN SALES CORPORATION.

United States Court of Appeals Second Circuit.

Decided December 1, 1949.

Attorney(s) appearing for the Case

Morris Siegel, New York City, for appellant.

Townley, Updike & Carter, New York City (John R. Schoemer Jr., New York City, and J. Howard Carter, New York City, of counsel), for appellee.

Before L. HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.

L. HAND, Chief Judge.

This appeal is from a judgment, summarily dismissing an amended complaint under Federal Rules of Civil Procedure, rule 56, 28 U.S.C.A., on the ground that there was "no genuine issue as to any material fact", in an action by the plaintiff for treble damages under the Robinson-Patman Act.1 The following facts, appearing in the complaint and the accompanying affidavits, are to be taken as true. The plaintiff is a New...

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