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REDMOND READY-MIX, INC. v. COATS

TC 18622; SC P-2510.

582 P.2d 1340 (1978)

283 Or. 101

REDMOND READY-MIX, INC., an Oregon Corporation, Appellant, v. Robert L. COATS and Joyce E. Coats, Husband and Wife, Dba Deschutes Ready Mix, Sand & Gravel Co., Aka Deschutes Ready-Mix, Sand and Gravel Co., Respondents.

Supreme Court of Oregon, In Banc.

Decided July 25, 1978.

Attorney(s) appearing for the Case

David G. Knibb, of Schweppe, Doolittle, Krug, Tausend & Beezer, Seattle, Wash., argued the cause for appellant. With him on the briefs was Dennis C. Karnopp, of Panner, Johnson, Marceau, Karnopp & Kennedy, Bend.

James H. Clarke, of Dezendorf, Spears, Lubersky & Campbell, Portland, argued the cause for respondents. With him on the brief was Wayne Hilliard, James H. Clarke and Stanley R. Loeb, of Dezendorf, Spears, Lubersky & Campbell, Portland.

TONGUE, Justice.

This is a suit under the Oregon Anti-Price Discrimination Law, ORS 646.010 et seq., between competitors in the ready-mix concrete industry in Deschutes and Jefferson Counties. Plaintiff's complaint seeks damages and an injunction based upon allegations that defendants engaged in "geographic" price discrimination in violation of ORS 646.040(1).1 Defendants denied liability and...

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