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NEW ALBANY TRACTOR, INC. v. LOUISVILLE TRACTOR

No. 10-5100.

650 F.3d 1046 (2011)

NEW ALBANY TRACTOR, INC., Plaintiff-Appellant, v. LOUISVILLE TRACTOR, INC.; Metalcraft of Mayville, dba Scag Power Equipment, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

June 21, 2011.

Attorney(s) appearing for the Case

ON BRIEF: Thomas E. Roma, Jr. , Parker & O'Connell, PLLC, Louisville, Kentucky, for Appellant. D. Craig York , Jill F. Endicott , Dinsmore & Shohl LLP, Louisville, Kentucky, C. Kent Hatfield , Justin D. Clark , Stoll Keenon Ogden PLLC, Louisville, Kentucky, David A. Westrup , von Briesen & Roper, S.C., Milwaukee, Wisconsin, for Appellees.

Before: MERRITT, CLAY, and GRIFFIN, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

Plaintiff, New Albany Tractor, appeals the Federal Rule of Civil Procedure 12(b)(6) ("failure to state a claim upon which relief can be granted") dismissal of its complaint alleging violations of the Robinson-Patman Act, an amendment to the Clayton Act. Plaintiff also contends that it should have been allowed to amend the complaint, or, alternatively, it should have been dismissed without prejudice. The basic question before...

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