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J.F. FEESER, INC. v. SERV-A-PORTION, INC.

No. 89-5729.

909 F.2d 1524 (1990)

J.F. FEESER, INC., and Juniata Foods, Inc., Appellants, v. SERV-A-PORTION, INC.; Hunt-Wesson Foods, Inc.; and Weis Markets, Inc.; Mark Crane, Mediator, Sky Brothers, Movants.

United States Court of Appeals, Third Circuit.

Decided August 2, 1990.

Attorney(s) appearing for the Case

Jeffrey L. Kessler (argued), Weil, Gotshal & Manges, New York City, William J. Flannery, Morgan, Lewis & Bockius, Harrisburg, Pa., for appellants.

Jeffrey Apfelbaum, Apfelbaum, Apfelbaum & Apfelbaum, Sunbury, Pa., Richard M. Jordan (argued), White & Williams, Philadelphia, Pa., for appellee Weis Markets, Inc.

Carleton O. Strouss, Kirkpatrick & Lockhart, Harrisburg, Pa., J. Edd Stepp, Jr. (argued), Peter Sullivan, David P. Restaino, Gibson, Dunn & Crutcher, Los Angeles, Cal., Norman P. Adler, San Francisco, Cal., for appellee Serv-A-Portion, DiGiorgio Corp.

Before STAPLETON and MANSMANN, Circuit Judges, and ACKERMAN, District Judge.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this antitrust matter involving the highly competitive food distribution business, we are asked to review a grant of summary judgment in favor of the defendants, a supplier and a wholesaler, and against the plaintiff wholesalers. The litigation primarily involves allegations of secondary line price discrimination in violation of sections 2(a) and 4 of the Clayton Act, as amended by the Robinson-Patman Act...

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