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STANDARD OIL COMPANY v. BROWN

No. 16093.

238 F.2d 54 (1956)

STANDARD OIL COMPANY, Appellant, v. Robert K. BROWN, Doing Business as Bob Brown's Standard Service, Appellee.

United States Court of Appeals Fifth Circuit.

November 6, 1956.

Attorney(s) appearing for the Case

William K. Meadow, Griffin B. Bell, Atlanta, Ga., Spalding, Sibley, Troutman, Meadow & Smith, Atlanta, Ga., of counsel, for appellant.

John L. Westmoreland, Jr., Atlanta, Ga., for appellee.

Before TUTTLE, CAMERON and JONES, Circuit Judges.

TUTTLE, Circuit Judge.

The decision of this case depends on the question whether the proviso in Section 2(b) of the Clayton Act as amended by the Robinson-Patman Act1 which, following a prohibition against selling at a discriminatory lower price to a purchaser, permits the seller to defend by showing that his lower price "was made in good faith to meet an equally low price of a competitor" is to be construed as if it were written "was...

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