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ELGIN CORPORATION v. ATLAS BUILDING PRODUCTS CO.

No. 5574.

251 F.2d 7 (1958)

The ELGIN CORPORATION, Appellant, v. The ATLAS BUILDING PRODUCTS COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 8, 1958.

Attorney(s) appearing for the Case

Dee C. Blythe, Clovis, N. M. (Hubert O. Robertson, Silver City, N. M., was with him on the brief), for appellant.

W. A. Sloan and John P. Eastham, Albuquerque, N. M. (Scott, Hulse, Marshall & Feuille, El Paso, Tex., and Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., were with them on the brief), for appellee.

Before BRATTON, Chief Judge, and HUXMAN and BREITENSTEIN, Circuit Judges.

BRATTON, Chief Judge.

Invoking pertinent provisions of the Clayton Act, 38 Stat. 730, as amended by the Robinson-Patman Act, 49 Stat. 1526, 15 U.S.C.A. § 13, The Elgin Corporation instituted this action against The Atlas Building Products Company to recover damages for alleged price discrimination in the sale of concrete cinder building blocks, and also to obtain injunctive relief to prevent future discrimination of that kind. It was alleged in the complaint...

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