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CENTEX-WINSTON CORP. v. EDWARD HINES LUMBER CO.

No. 18926.

447 F.2d 585 (1971)

CENTEX-WINSTON CORPORATION, Plaintiff-Appellant, v. EDWARD HINES LUMBER CO., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied September 13, 1971.

Attorney(s) appearing for the Case

Jerome H. Torshen, Lawrence H. Eiger, Jerome H. Gerson, Daniel N. Epstein, Chicago, Ill., for plaintiff-appellant; Yacker, Gerson & Epstein, Jerome H. Torshen, Ltd., Chicago, Ill., of counsel.

Charles B. Mahin, Richard L. Reinish, Chicago, Ill., for defendant-appellee; Price, Cushman, Keck & Mahin, Chicago, Ill., of counsel.

Before DUFFY, Senior Circuit Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

This appeal involves the question whether Section 2(e) of the Robinson-Patman Act (15 U.S.C. § 13(e)) prohibits a seller from furnishing discriminatory delivery services to competing buyers. Before trebling under Section 4 of the Clayton Act (15 U.S.C. § 15), the plaintiff sought $230,000 for damages allegedly sustained by defendant's violation of Section 2(e) of the Robinson-Patman Act.

Plaintiff is a Chicago area builder...

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