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BEN HUR COAL COMPANY v. WELLS

No. 5413.

242 F.2d 481 (1957)

BEN HUR COAL COMPANY, a corporation, Appellant, v. Earl WELLS and M. A. Berman, co-partners doing business as Starr Coal Company, Appellees.

United States Court of Appeals Tenth Circuit.

February 13, 1957.

Attorney(s) appearing for the Case

G. C. Spillers, Jr., Tulsa, Okl. (G. C. Spillers, Tulsa, Okl., on the brief), for appellant.

Richard B. McDermott, Tulsa, Okl. (Bradford J. Williams, Fenelon Boesche, T. Hillas Eskridge and Franklin D. Hettinger, Tulsa, Okl., on the brief), for appellees.

Before BRATTON, Chief Judge, and MURRAH and LEWIS, Circuit Judges.

MURRAH, Circuit Judge.

This is an appeal from a judgment denying recovery of triple damages under Section 15, Title 15 U.S.C.A., for losses incurred by the appellant in competition with appellees' coal sales. Such sales are said to have been made at "unreasonably low" prices "for the purpose of destroying competition, or eliminating a competitor" within the meaning of the latter part of Section 3 of the Robinson-Patman Act, § 13a, Title 15 U.S.C.A.

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