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DES MOINES, ETC. v. WAPELLO DAIRIES, INC.

No. 2-56643.

226 N.W.2d 9 (1975)

DES MOINES AREA DAIRY QUEEN STORE OPERATORS AND OWNERS, INC., and Members of Said Corporation, Appellants, v. WAPELLO DAIRIES, INCORPORATED, d/b/a Village Dairy and d/b/a Dairyland, Inc., and Dairy Queen of Polk County, Inc., Appellees.

Supreme Court of Iowa.

February 19, 1975.

Attorney(s) appearing for the Case

Stewart, Wimer, Brennan & Joyce, Des Moines, for appellants.

Dickinson, Throckmorton, Parker, Mannheimer & Raife, Dwight W. James and Richard A. Malm, Des Moines, for appellees.

Heard before REYNOLDSON, Acting C. J., and RAWLINGS, UHLENHOPP, HARRIS and McCORMICK, JJ.

UHLENHOPP, Justice.

This appeal involves the question of whether plaintiffs' petition alleges a cause of action for price discrimination.

Plaintiffs are owners and operators of Dairy Queen stores in the area of Des Moines, Iowa. Defendants are suppliers of products to plaintiffs. Plaintiffs filed a petition in which they sought damages and injunctions and alleged that for a time prior to September 1, 1972, defendants...

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