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CREAM CREST-BLANDING DAIRIES v. NATIONAL DAIRY PROD. CORP.

Civ. A. No. 4337.

243 F.Supp. 331 (1965)

CREAM CREST-BLANDING DAIRIES, INC., a Michigan corporation, Plaintiff, v. NATIONAL DAIRY PRODUCTS CORPORATION, a Delaware corporation, Defendant.

United States District Court W. D. Michigan, S. D.

July 21, 1965.

Attorney(s) appearing for the Case

Warner, Norcross & Judd, Grand Rapids, Mich., J. M. Neath, Jr., Grand Rapids, Mich., of counsel, for plaintiff.

Uhl, Bryant, Wheeler & Upham, Grand Rapids, Mich., Chadwell, Keck, Kayser, Ruggles & McLaren, Chicago, Ill., Gordon B. Wheeler, Grand Rapids, Mich., David J. Gibbons, Chicago, Ill., of counsel, for defendant.

FOX, District Judge.

Summary judgment motions have been filed by both parties in an action brought under Sections 15 and 26 of Title 15 of the United States Code, alleging violation by the defendant of the antitrust laws of the United States, and under Section 2 of the Clayton Act, seeking treble damages.

The specific issue which is the subject of these motions arises from the language of Section 2(a) of the Robinson Patman Amendment to the Clayton Act, 15...

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