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KLEIN v. LIONEL CORPORATION

No. 11872.

237 F.2d 13 (1956)

Philip KLEIN, Appellant, v. The LIONEL CORPORATION.

United States Court of Appeals Third Circuit.

Decided September 25, 1956.

Attorney(s) appearing for the Case

David Snellenburg, II, Wilmington, Del. (John Van Brunt, Jr., Wilmington, Del., on the brief), for appellant.

Thomas Cooch, Wilmington, Del. (Thomas S. Lodge. Connolly, Cooch & Bove, Wilmington, Del., on the brief), for appellee.

Before BIGGS, Chief Judge, GOODRICH, Circuit Judge, and VAN DUSEN, District Judge.

BIGGS, Chief Judge.

The plaintiff, Klein, brought suit against The Lionel Corporation and others for treble damages alleging price discrimination under the Robinson-Patman Act of 1936. 49 Stat. 1526, 15 U.S.C.A. § 13. The court below gave summary judgment in favor of The Lionel Corporation and other defendants on the ground that Klein had no cause of action for a discrimination under the Act since Klein was not a purchaser from Lionel but purchased Lionel products...

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