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HOOVER COLOR CORP. v. BAYER CORP.

No. 98-2238.

199 F.3d 160 (1999)

HOOVER COLOR CORPORATION, Plaintiff-Appellant, v. BAYER CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: December 3, 1999.

Attorney(s) appearing for the Case

ARGUED: Dennis P. Brumberg, Brumberg, Mackey & Wall, P.L.C., Roanoke, Virginia, for Appellant. Thomas Demitrack, Jones, Day, Reavis & Pogue, Cleveland, Ohio, for Appellee. ON BRIEF: Mark A. Black, Brumberg, Mackey & Wall, P.L.C., Roanoke, Virginia, for Appellant. Susanne H. Deegan, Jones, Day, Reavis & Pogue, Cleveland, Ohio; Michael F. Urbanski, Woods, Rogers & Hazlegrove, Roanoke, Virginia, for Appellee.

Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

A buyer of synthetic iron oxide pigment brought this action asserting that the company selling the pigment engaged in discriminatory pricing in violation of the Robinson-Patman Act. The district court found that the seller established an affirmative defense by demonstrating that it set its prices in a good faith attempt to meet competition in the marketplace and, therefore, granted the seller summary judgment. This...

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