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SECURITY TIRE & RUBBER CO. v. GATES RUBBER CO.

No. 77-1943.

598 F.2d 962 (1979)

SECURITY TIRE & RUBBER COMPANY, a Texas Corporation, and Security Tire & Rubber Company, a Virginia Corporation, Plaintiffs-Appellees, v. The GATES RUBBER COMPANY, a Colorado Corporation, Defendant-Appellant. The GATES RUBBER COMPANY, a Colorado Corporation, Plaintiff-Appellant, v. SECURITY TIRE & RUBBER COMPANY, a Texas Corporation, and Security Tire & Rubber Company, a Virginia Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 12, 1979.

Attorney(s) appearing for the Case

Thomas L. Case, Louis P. Bickel, Dallas, Tex., for defendant-appellant.

David B. Kultgen, Waco, Tex., for plaintiffs-appellees.

Before SIMPSON, TJOFLAT and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

This is primarily a price discrimination case brought under Section 2(a) of the Robinson-Patman Act. 15 U.S.C.A. § 13. We hold that Plaintiffs have failed to allege or prove a discriminatory sale to a favored customer.

I.

The factual background and the course of proceedings relevant to our decision today may be briefly summarized.

In 1964, Plaintiffs, Security Tire & Rubber Company, a Texas Corporation...

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