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BACON v. TEXACO, INC.

No. 74-2045. Summary Calendar.

503 F.2d 946 (1974)

James M. BACON et al., Plaintiffs-Appellants, v. TEXACO, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 13, 1974.

Attorney(s) appearing for the Case

Donald Scott Thomas, Jr., Austin, Tex., Allen Wood, Corpus Christi, Tex., for plaintiffs-appellants.

William C. Weitzel, Jr., Charles F. Kazlauskas, Jr., New York City, James W. Wilson, Austin, Tex., Ben A. Donnell, Corpus Christi, Tex., for defendant-appellee.

Before THORNBERRY, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

Appellants sought treble damages and injunctive relief against Texaco, Inc. for alleged violations of the price discrimination provisions of Section 2(a) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. § 13(a). The sole issue on appeal is whether the underlying transaction giving rise to their claim crossed the interstate threshold of Robinson-Patman so as to avoid the summary judgment granted by the district court below. We...

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