MOORE v. MEAD SERVICE CO.

No. 4055.

184 F.2d 338 (1950)

MOORE v. MEAD SERVICE CO. et al.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 28, 1950.


Attorney(s) appearing for the Case

Dee C. Blythe, Clovis, N. M., for appellant.

Edward W. Napier, Wichita Falls, Tex. (Howard F. Houk, Santa Fe, N. M., on the brief) for appellees.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.


PICKETT, Circuit Judge.

The plaintiff brought this action to recover statutory treble damages alleged to have been incurred by reason of defendants' violation of the Clayton Act, as amended by the Robinson-Patman Price Discrimination Act of 1936, 15 U.S.C.A. § 13(a). At the conclusion of plaintiff's evidence, the trial court dismissed the complaint and entered judgment for the defendants. This appeal is from that judgment.

The plaintiff operated the only...

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