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HARTLEY & PARKER, INC. v. FLORIDA BEVERAGE CORPORATION

No. 19123.

307 F.2d 916 (1962)

HARTLEY & PARKER, INC., Appellant, v. FLORIDA BEVERAGE CORPORATION and American Distilling Company, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 19, 1962.

Attorney(s) appearing for the Case

John B. Orr, Jr., Orr & Lazar, Miami Beach, Fla., for appellant.

Samuel W. Shapiro, Friedman & Shapiro, Miami, Fla., for appellee, Florida Beverage Corp., a Florida corporation.

Robert Ward, W. G. Ward, Miami, Fla., Edward S. King, New York City, Ward & Ward, Miami, Fla., for appellee, The American Distilling Co.

Before RIVES, JONES and GEWIN, Circuit Judges.

RIVES, Circuit Judge.

Hartley & Parker sued American Distilling Company, (hereafter American Distilling) and Florida Beverage Corporation (hereafter Florida Beverage) to recover treble damages for alleged violations of the Clayton Antitrust Act of October 15, 1914, 38 Stat. 730, as amended by the Robinson-Patman Price Discrimination Act of June 19, 1936, 49 Stat. 1526. The district court denied the motion to dismiss for lack of jurisdiction over American Distilling...

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