Legal Opinion

Bernard M. Baum and Daniel S. Shulman v. Investors Diversified Services, Inc.

Court of Appeals for the Seventh Circuit

Decided April 18, 1969No. 17051_1PublishedCited by 48 opinions

1Opinion of the Court

KILEY, Circuit Judge.

This is a class action seeking treble damages for alleged unlawful price discrimination in violation of Sec. 2(a) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. § 13(a). The district court dismissed the complaint for failure to state a claim upon which relief can be granted. Rule 12 (b) (6), Fed.R.Civ.P. We affirm.

The well pleaded allegations of the complaint are admitted: Defendant, Investors Diversified Services, Inc. (IDS) acts as the sole investment adviser and exclusive underwriter and distributor of five open-end investment companies,…

2Cases cited4 opinions

  1. Tri-State Broadcasting Company, Inc. v. United Press International, Inc.Court of Appeals for the Fifth Circuit · 1966
  2. Columbia Broadcasting System, Inc. v. Amana Refrigeration, Inc.Court of Appeals for the Seventh Circuit · 1961
  3. United States v. Investors Diversified Services, Inc.District Court, D. Minnesota · 1951
  4. Fleetway, Inc. v. Public Service Interstate Transp. Co.Court of Appeals for the Third Circuit · 1934

3Cited by48 opinions

  1. Valerio v. Boise Cascade Corp.District Court, N.D. California · 1978
  2. May Department Store v. Graphic Process Company, and Bel-Aire & Associates, Inc.Court of Appeals for the Ninth Circuit · 1980
  3. City of Gainesville v. Florida Power & Light Co.District Court, S.D. Florida · 1980
  4. Schaefer v. First National Bank of LincolnwoodDistrict Court, N.D. Illinois · 1970
  5. Ambook Enterprises v. Time Inc.Court of Appeals for the Second Circuit · 1979

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