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ALLEN PEN CO. v. SPRINGFIELD PHOTO MOUNT CO.

No. 80-1432.

653 F.2d 17 (1981)

ALLEN PEN COMPANY, INC., Plaintiff, Appellant, v. SPRINGFIELD PHOTO MOUNT COMPANY, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 26, 1981.

Attorney(s) appearing for the Case

Sumner J. Chertok, Boston, Mass., for plaintiff, appellant.

Robert G. Bone, Boston, Mass., with whom John M. Kahn and Hill & Barlow, Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, BREYER, Circuit Judge, and WYZANSKI, Senior District Judge.

BREYER, Circuit Judge.

This case presents questions similar to those recently decided by the Supreme Court in J. Truett Payne Co. v. Chrysler Motors Corp., 451 U.S. 557, 101 S.Ct. 1923, 68 L.Ed.2d 442 (1981). Can a private plaintiff, like a government plaintiff, win a Robinson-Patman Act case simply by showing that the Act's substantive standards have been violated; or must he show more? The government can win a Robinson-Patman...

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