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FOOD BASKET, INC. v. ALBERTSON'S, INC.

No. 8623.

383 F.2d 785 (1967)

FOOD BASKET, INC., Appellant, v. ALBERTSON'S, INC., Appellee.

United States Court of Appeals Tenth Circuit.

October 13, 1967.

Attorney(s) appearing for the Case

Robert W. Hughes, Salt Lake City, Utah, for appellant.

Richard W. Giauque, Salt Lake City, Utah (Dennis McCarthy, Salt Lake City, Utah, was with him on brief) for appellee.

Before MURRAH, Chief Judge and PICKETT and BREITENSTEIN, Circuit Judges.

MURRAH, Chief Judge.

The primary issue in this appeal from a summary judgment in a private antitrust suit is the applicability of Section 2(a) and (f) of the Robinson-Patman Act (49 Stat. 1526, 15 U.S.C. § 13(a)); and Section 2 of the Sherman Act (15 U.S.C. § 2, 26 Stat. 209), to a seller of merchandise who is engaged in interstate commerce but discriminates in price only as between purchasers in one county —...

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