Legal Opinion

Danko v. Shell Oil Co.

District Court, E.D. New York

Decided October 22, 1953No. Civ. A. 13638PublishedCited by 15 opinions

1Opinion of the Court

BRUCHHAUSEN, District Judge.

The defendant moves for a dismissal of the amended complaint for failure to state a claim upon which relief can, be granted and for alternate relief, if such motion be denied.

For a first cause of action, the plaintiff, the owner of a gasoline filling station, alleges that the defendant, a distributor, violated the price discrimination law, the Robinson-Patman Act, 15 U.S.C. §§ 13 and 13a, by selling gasoline to the plaintiff’s competitors at a price less than to the plaintiff by way of a “kickback” and “granting additional benefits, gratuities, equipment and/or…

2Cases cited12 opinions

  1. Timken Roller Bearing Co. v. United StatesSupreme Court of the United States · 1951
  2. Bruce's Juices, Inc. v. American Can Co.Supreme Court of the United States · 1947
  3. American Cooperative Serum Ass'n v. Anchor Serum Co.Court of Appeals for the Seventh Circuit · 1946
  4. Sun Cosmetic Shoppe, Inc. v. Elizabeth Arden Sales CorporationCourt of Appeals for the Second Circuit · 1949
  5. Myers v. Shell Oil Co.District Court, S.D. California · 1951

7 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Russ' Kwik Car Wash, Inc. Clean Cars, Inc. v. Marathon Petroleum Company Gastown, Inc. Emro Marketing CompanyCourt of Appeals for the Sixth Circuit · 1985
  2. Thomas M. Brewer v. Uniroyal, Inc., and Cross-AppellantsCourt of Appeals for the Sixth Circuit · 1974
  3. Willard Dairy Corporation v. National Dairy Products Corporation and Sealtest, Inc.Court of Appeals for the Sixth Circuit · 1962
  4. Diehl & Sons, Inc. v. International Harvester Co.District Court, E.D. New York · 1976
  5. Security Tire & Rubber Co. v. Gates Rubber Co.Court of Appeals for the Fifth Circuit · 1979

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