United Cigar-Whelan Stores Corp. v. Philip Morris, Inc.

CASHIN, District Judge.

This is an action by the owner of a chain of retail drug stores wherein treble damages are sought from a manufacturer and distributor of tobacco products under Sections 2(a) and 2(d) of the Clayton Act as amended by the Robinson-Patman Act, 15 U.S.C.A. §§ 13(a) and 13(d). Three causes of action are alleged in the complaint. Each cause of action alleges discrimination between plaintiff and other purchasers of defendant’s products generally during the years 1953, 1954, 1955, 1956 and 1957. However, the specific allegations of all of the causes of action refer only to…