EMPIRE RAYON YARN CO. v. AMERICAN VISCOSE CORP.


160 F.Supp. 334 (1958)

EMPIRE RAYON YARN CO., Inc., Plaintiff, v. AMERICAN VISCOSE CORPORATION, Fred Malina, Arthur Malina, Edythe M. Charnas and Fred H. Diamond, co-partners doing business as Malina Company, Gutner Brothers Corporation and Shawmut, Inc., Defendants.

United States District Court S. D. New York.

March 31, 1958.


Attorney(s) appearing for the Case

Sweet, Reinitz, Peskin & Sweet, New York City, Jacob Greenwald, New York City, of counsel, for plaintiff.

Jackson, Nash, Brophy, Barringer & Brooks, New York City, John G. Jackson, Raymond M. Tierney, New York City, of counsel, for defendant American Viscose Corp.

Silver & Bernstein, New York City, Nahum A. Bernstein, New York City, of counsel, for defendant Malina Co.

Herbert S. Greenberg, New York City, for defendant Gutner Bros. Corp.

E. Compton Timberlake, New York City, for defendant Shawmut, Inc.


WEINFELD, District Judge.

These are cross-motions for summary judgment in a treble damage suit wherein the plaintiff charges the defendants with alleged illegal price discrimination in violation of § 2 of the Robinson-Patman Act, 15 U.S.C.A. § 13.

The plaintiff deals in viscose rayon yarn. Its activities are of a twofold nature: (1) the converting or processing of yarn purchased by it from the major producers of rayon and then selling the processed...

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