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JAY WALTON ENTERPRISES v. RIO GRANDE OIL

No. 8905.

738 P.2d 927 (1987)

JAY WALTON ENTERPRISES, INC., a New Mexico Corporation, Plaintiff-Appellant, v. RIO GRANDE OIL COMPANY OF BERNALILLO COUNTY, a New Mexico Corporation; Walter Steele, individually; and Mike Steele, individually, Defendants-Appellees.

Court of Appeals of New Mexico.

Certiorari Denied June 17, 1987.

Attorney(s) appearing for the Case

J. Stephen Gammill, David W. Frizzell, Albuquerque, for plaintiff-appellant.

Charles J. Noya, Villella, Skarsgard & Noya, P.A., Albuquerque, for defendants-appellees.

OPINION

DONNELLY, Chief Judge.

Plaintiff appeals from a district court judgment denying its action for unlawful price discrimination against defendants Rio Grande Oil Company of Bernalillo County, Walter Steele, and Mike Steele. Five issues are presented on appeal: (1) whether the trial court erred in determining that the rebate plan of defendants was functionally available to plaintiff; (2) whether the rebate plan amounted to price discrimination; (3) whether...

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