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KIRBY v. P. R. MALLORY & CO., INC.

No. 72-1779.

489 F.2d 904 (1973)

John S. KIRBY, d/b/a Quik-Chek of Indiana and Quik-Chek, Inc., Plaintiffs-Appellants, v. P. R. MALLORY & CO., INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 27, 1973.

Attorney(s) appearing for the Case

William F. LeMond, Terrence P. Pehler, Indianapolis, Ind., for plaintiffs-appellants.

Thomas M. Scanlon and Herbert C. Snyder, Jr., Indianapolis, Ind., for defendant-appellee.

Before CASTLE, Senior Circuit Judge, and FAIRCHILD and PELL, Circuit Judges.

CASTLE, Senior Circuit Judge.

Plaintiff John S. Kirby (doing business as Quik-Chek of Indiana and Quik-Chek, Inc.) appeals from an order granting summary judgment to Defendant P. R. Mallory & Co. in an action in which Kirby sought $500,000 for damages allegedly sustained by Mallory's violation of antitrust law. On this appeal, Kirby claims several sources of district court error: the determination that no violation of the Robinson-Patman Act occurred, the finding...

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