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VANCE v. SAFEWAY STORES

No. 5366.

239 F.2d 144 (1956)

Harry V. VANCE, Trustee in Bankruptcy for Frank Melvin Thompson, Bankrupt, Appellant, v. SAFEWAY STORES, Incorporated, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 4, 1956.

Writ of Certiorari Granted March 4, 1957.

Attorney(s) appearing for the Case

Robert J. Nordhaus, Nordhaus & Moses, Albuquerque, N. M., for appellant.

John B. Tittmann, Albuquerque, N. M. (W. A. Keleher, Albuquerque, N. M., Douglas Stripp, and Watson, Ess, Marshall & Enggas, Kansas City, Mo., were with him on the brief), for appellee.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

Writ of Certiorari Granted March 4, 1957. See 77 S.Ct. 591.

PICKETT, Circuit Judge.

The Trustee in Bankruptcy for Frank Melvin Thompson brought this action against Safeway Stores, Inc., to recover treble damages under § 3 of the Robinson-Patman Act, 15 U.S.C.A. § 13a.1 The complaint is based solely upon violations of the second and third clauses of § 3, wherein it is alleged that Safeway made sales at unreasonably...

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