MID-SOUTH DISTRIBUTORS v. F. T. C.

No. 17860.

287 F.2d 512 (1961)

MID-SOUTH DISTRIBUTORS et al. and Cotton States, Inc., et al., Petitioners, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

February 23, 1961.


Attorney(s) appearing for the Case

Frank J. Tipler, Jr., Andalusia, Ala., David C. Murchison, Washington, D. C., Hillsman Taylor, Memphis, Tenn., Robert L. Wald, Howrey, Simon, Baker & Murchison, Washington, D. C., for petitioners.

Francis C. Mayer, Atty., F. T. C., Washington, D. C., Alan B. Hobbes, Asst. Gen. Counsel, F. T. C., Washington, D. C., Daniel J. McCauley, Jr., General Counsel, Thomas F. Howder, Miles J. Brown, Attorneys, F. T. C., for respondent.

Before JONES and BROWN, Circuit Judges, and CARSWELL, District Judge.


John R. BROWN, Circuit Judge.

We do not overwork a faithful figure to say that this is the other side of the coin. For here it really is. In a series of cases appealed from adverse decisions of the Federal Trade Commission, four Courts of Appeals have now held in seven cases1 that manufacture-sellers violated § 2(a) of the Robinson-Patman Act by selling automotive parts at discriminatory prices through volume rebates extended either...

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