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INTERSTATE CIGAR CO. INC. v. STERLING DRUG INC.

Nos. 829, 909, Dockets 80-7631, 80-7633.

655 F.2d 29 (1981)

INTERSTATE CIGAR CO., INC., L.S. Amster & Co., Inc., and Ladrew Distributors, Inc., Plaintiffs-Appellants, v. STERLING DRUG INC., Breon Laboratories Inc., Winthrop Laboratories, Lehn & Fink, "John Doe No. 1," "John Doe No. 2," and "John Doe No. 3," names of last three defendants being fictitious, true names of persons intended being unknown, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 21, 1981.

Attorney(s) appearing for the Case

Noel W. Hauser, P.C., New York City, for plaintiffs-appellants.

Frederick A. Nicoll, New York City (James B. Swire, David S. Robbins, Rogers Hoge & Hills, New York City, of counsel), for defendants-appellees.

Before FEINBERG, Chief Judge, and LUMBARD and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

Plaintiffs, distributors of over-the-counter medicine and health products, appeal from a judgment of the Southern District of New York entered by Judge Constance Baker Motley after a non-jury trial dismissing their damages claim based on the allegation that defendant drug manufacturers had engaged in price discrimination in violation of the Robinson-Patman Act, 15 U.S.C. § 13(a), by selling Haley...

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