BAUM v. INVESTORS DIVERSIFIED SERVICES, INC.

No. 17051.

409 F.2d 872 (1969)

Bernard M. BAUM and Daniel S. Shulman, Plaintiffs-Appellants, v. INVESTORS DIVERSIFIED SERVICES, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

April 18, 1969.


Attorney(s) appearing for the Case

Ira Marcus, Donald A. Mitchell, Morrie Much, M. I. Mishkin, Chicago, Ill., for appellants.

Milton H. Cohen, W. Donald McSweeney, William A. Montgomery, Chicago, Ill., Breck P. McAllister, John E. Tobin, Richard L. Bond, New York City, Schiff Hardin Waite, Dorschel & Britton, Chicago, Ill., Roger W. Kapp, Donovan Leisure Newton & Irvine, Joseph F. Grinnell, New York City, of counsel, for appellee.

Before KILEY, FAIRCHILD and KERNER, Circuit Judges.


KILEY, Circuit Judge.

This is a class action seeking treble damages for alleged unlawful price discrimination in violation of Sec. 2(a) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. § 13(a). The district court dismissed the complaint for failure to state a claim upon which relief can be granted. Rule 12 (b) (6), Fed.R.Civ.P. We affirm.

The well pleaded allegations of the complaint are admitted: Defendant, Investors Diversified Services...

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