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

No. 239-68.

416 F.2d 937 (1969)

FOOD BASKET, INC., a Utah corporation, Plaintiff-Appellant, v. ALBERTSON'S, INC., a Nevada corporation, Defendant-Appellee.

United States Court of Appeals Tenth Circuit.

October 15, 1969.

Attorney(s) appearing for the Case

Stephen C. Ward, Salt Lake City, Utah (Robert W. Hughes, Salt Lake City, Utah, Joseph L. Alioto and Maxwell Blecher, San Francisco, Cal., of counsel, on the brief), for appellant.

Richard W. Giauque, Salt Lake City, Utah (Dennis McCarthy, Roger H. Thompson and Van Cott, Bagley, Cornwall & McCarthy, Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, BREITENSTEIN and HICKEY, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

On December 9, 1964, Food Basket, Inc., a Utah corporation,1 commenced this action against Albertson's, Inc., a Nevada corporation,2 to recover treble damages for alleged violations of the Clayton Act, as amended by the Robinson-Patman Act (15 U.S.C.A. § 13(a) and (f)).

In addition to the allegations respecting violations of the Clayton Act, as amended, it was further...

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