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INDIAN COFFEE CORP. v. PROCTER & GAMBLE CO.

No. 83-5409.

752 F.2d 891 (1985)

INDIAN COFFEE CORP., a Corporation, and Penn-Western Food Corp., a Corporation v. The PROCTER & GAMBLE COMPANY, a Corporation, and The Folger Coffee Company, a Corporation. Appeal of INDIAN COFFEE CORP. and Penn-Western Food Corp.

United States Court of Appeals, Third Circuit.

Decided January 15, 1985.

Rehearing and Rehearing Denied February 15, 1985.

Attorney(s) appearing for the Case

Thomas P. Ravis (Argued), John L. Laubach, Jr., Clark, Laubach, Fulton, Ravis & Semple, Pittsburgh, Pa., for appellants.

John W. Beatty (Argued), Mark Silbersack, Patrick D. Lane, John D. Luken, Dinsmore & Shohl, Cincinnati, Ohio, Cloyd R. Mellott, John W. Ubinger, Jr., Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for appellee Folger Coffee Co.

Before GIBBONS and HUNTER, Circuit Judges and STAPLETON, District Judge.

Rehearing and Rehearing En Banc Denied February 15, 1985.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Indian Coffee Corp. ("Indian Coffee") appeals from a judgment entered after the grant of a Fed.R.Civ.P. 50(a) motion against it at the end of its case in its suit charging that Folger Coffee Company ("Folger") violated section 2(a) of the Clayton Act, as amended by the Robinson-Patman Act. 15 U.S.C. § 13(a) (1982). Penn-Western Food Corp. ...

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