TERRY'S FLOOR FASHIONS v. BURLINGTON INDUST.

No. 83-1687.

763 F.2d 604 (1985)

TERRY'S FLOOR FASHIONS, INC., Appellant, v. BURLINGTON INDUSTRIES, INC.; Lees Carpets, a Division of Burlington Industries, Inc.; and Eatman's Carpets, Inc., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 23, 1985.


Attorney(s) appearing for the Case

William Woodward Webb, Raleigh, N.C. (Broughton, Wilkins & Webb, P.A., Raleigh, N.C., on brief), and Kevin P. Roddy, Charlottesville, Va., for appellant.

Daniel G. Clodfelter, Charlotte, N.C. (Joseph W. Eason, Raleigh, N.C., Hayden J. Silver, III, Moore, Van Allen & Allen, Charlotte, N.C., on brief), and Catherine B. Arrowood, Raleigh, N.C. (Robert W. Spearman, Steven Levitas, Sanford, Adams, McCullough & Beard, Raleigh, N.C., on brief), for appellees.

Before WINTER, HALL and SNEEDEN, Circuit Judges.


SNEEDEN, Circuit Judge.

Plaintiff Terry's Floor Fashions, Inc. ("Terry's"), appeals from a judgment of the United States District Court for the Eastern District of North Carolina, James C. Fox, Judge, 568 F.Supp. 205 allowing the defendants' motions for summary judgment regarding the plaintiff's Sherman Act § 1 claims, 15 U.S.C. § 1; allowing defendant Lees' motion to dismiss a Robinson-Patman Act claim, 15 U.S.C. &...

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