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CERNUTO, INC. v. UNITED CABINET CORP.

No. 78-1872.

595 F.2d 164 (1979)

CERNUTO, INCORPORATED, a corporation t/d/b/a C & C Builders Supply Company, Appellant, v. UNITED CABINET CORPORATION, a corporation, Famous Furnace & Supply Company, a corporation and Robert L. Lappin Company, Inc., a corporation, Appellees.

United States Court of Appeals, Third Circuit.

Decided March 16, 1979.

Attorney(s) appearing for the Case

Howard A. Specter, Michael D. Buchwach (argued), Litman, Litman, Harris & Specter, P.A., Pittsburgh, Pa., for appellant.

Donald E. Seymour, Michael R. Plummer (argued), Kirkpatrick, Lockhart, Johnson & Hutchinson, Pittsburgh, Pa., for appellees.

Before ADAMS and WEIS, Circuit Judges, and WEINER, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

We are confronted in this appeal with the termination, by a manufacturer of kitchen cabinets, of one of its customers, a discount house, at the urging of another customer, a retailer, allegedly because of price considerations. Although the manufacturer's action was destructive to competition between the two customers, under the circumstances present here the plaintiff may recover only if the challenged conduct is...

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