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OAK CONSTRUCTION COMPANY v. HURON CEMENT COMPANY

No. 72-1853.

475 F.2d 1220 (1973)

OAK CONSTRUCTION COMPANY, Plaintiff-Appellant, v. HURON CEMENT COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 22, 1973.

Attorney(s) appearing for the Case

Richard H. Scholl, Detroit, Mich., Schaden & Peplowski, Detroit, Mich., on brief, for plaintiff-appellant.

George B. Martin, Detroit, Mich., Dickinson, Wright, McKean & Cudlip, Detroit, Mich., on brief, for defendant-appellee.

Before EDWARDS, CELEBREZZE, and McCREE, Circuit Judges.

PER CURIAM.

This is an appeal from the grant of summary judgment in favor of the defendant cement company in a Robinson-Patman action, 15 U.S.C. § 13(a), (d), and (e), to recover treble damages for injuries resulting from unlawful price discrimination.

The record reveals that a counterclaim for non-payment of a contract debt was filed by defendant but has not yet been adjudicated. Since all the claims before the court were not decided in the grant of...

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