370 F2d 332 Cream Crest-Blanding Dairies Inc v. National Dairy Products Corp

370 F.2d 332

CREAM CREST-BLANDING DAIRIES, INC., Plaintiff-Appellant,
v.
NATIONAL DAIRY PRODUCTS CORP., Defendant-Appellee.

No. 16835.

United States Court of Appeals Sixth Circuit.

January 11, 1967.

Appeal from the United States District Court for the Western District of Michigan, Southern Division.

J. M. Neath, Jr., Grand Rapids, Mich., Charles E. McCallum, Warner, Norcross & Judd, Grand Rapids, Mich., on brief, for appellant.

David J. Gibbons, Chicago, Ill., Gordon B. Wheeler, Grand Rapids, Mich., on brief; Chadwell, Keck, Kayser, Ruggles & McLaren, Chicago, Ill., Uhl, Bryant, Wheeler & Upham, Grand Rapids, Mich., of counsel, for appellee.

Before PHILLIPS, PECK and McCREE, Circuit Judges.

PER CURIAM.

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1

This is an action for treble damages under the Robinson-Patman amendment to the Clayton Act, 15 U.S.C. § 13a, for price discrimination in the sale of milk. The facts are set forth in the opinion of the District Judge Noel P. Fox granting summary for defendant, reported at 243 F.Supp. 331 (W.D.Mich.).

2

This case is controlled by the decision in Willard Dairy Corp. v. National Dairy Products Corp., 309 F.2d 943 (C.A. 6), cert. denied, 373 U.S. 934, 83 S.Ct. 1554, 10 L.Ed.2d 691, rehearing denied, 375 U.S. 871, 84 S.Ct. 28, 11 L.Ed.2d 101. Appellants urge that the decision be reconsidered and overruled. This we decline to do.

3

The judgment of the district court is affirmed.