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SEABOARD SUPPLY CO. v. CONGOLEUM CORP.

No. 84-5630.

770 F.2d 367 (1985)

SEABOARD SUPPLY CO., a New Jersey Corporation, and Seaboard Plastics Corp., a New Jersey Corporation, Appellants, v. CONGOLEUM CORPORATION, a Delaware Corporation, Jack Berk, Manufacturers Reps Company, Inc., a New Jersey Corporation, and William G. Merrigan, Sr. and Richard T. Laughlin, Appellees.

United States Court of Appeals, Third Circuit.

Decided August 16, 1985.

Attorney(s) appearing for the Case

Daniel D. Caldwell (argued), John J. Barry, Wolff & Samson, Roseland, N.J., for appellants.

Irvin M. Freilich (argued), Joseph J. Fleischman, Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, P.A., Newark, N.J., for appellee Congoleum Corp.

George R. Hirsch (argued), Peter R. Sarasohn, Bernard Schenkler, Ravin, Sarasohn, Cook, Baumgarten & Fisch, West Orange, N.J., for appellees Manufacturers Reps Co., Inc. and William G. Merrigan, Sr.

Before SEITZ, WEIS and ROSENN, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

The principal issue in this case is whether a scheme of commercial bribery between an employee of a manufacturer and an entity which acted as a sales agent comes within the prohibition of either the Sherman or Robinson-Patman Acts. The district court found essentially that because a legitimate agency relationship existed between the briber and the manufacturer and no sales occurred between the two, the Acts had not...

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