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RUSS' KWIK CAR WASH v. MARATHON PETROLEUM CO.

No. 84-3097.

772 F.2d 214 (1985)

RUSS' KWIK CAR WASH, INC.; Clean Cars, Inc., Plaintiffs-Appellants, v. MARATHON PETROLEUM COMPANY; Gastown, Inc.; Emro Marketing Company, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 5, 1985.

Attorney(s) appearing for the Case

David M. Schnorf, Donna M. Engwert, Schnorf, Wanick, Loyd & Engwert, and Kelly D. Stimpson, argued, Toledo, Ohio, for plaintiffs-appellants.

Paul M. Pohl, argued, Jones, Day, Reavis & Pogue, and A. Theodore Gardiner III, Cleveland, Ohio, for defendants-appellees.

Before KENNEDY and CONTIE, Circuit Judges, and HILLMAN, District Judge.

PER CURIAM.

Plaintiffs appeal from the summary judgment granted in favor of defendants in this antitrust action. The principal issue on appeal is whether the transfer of a product from a parent corporation to its wholly-owned subsidiary corporation is a "sale" for purposes of section 2(a) of the Clayton Act as amended by the Robinson-Patman Act, 15 U.S.C. § 13(a). We hold that it is not and affirm.

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