Legal Opinion
United Grocers' Co. v. Sau-Sea Foods, Inc.
District Court, S.D. New York
Decided March 22, 1957PublishedCited by 5 opinions
1Opinion of the Court
DIMOCK, District Judge.
According to an allegation of the complaint, this action arises under sections 13 and 15 of title 15 of the United States Code. Section 13 is that part of the Clayton Act which makes unlawful price discriminations the effect of which may be substantially to lessen competition, tend to create a monopoly or injure competition. Section 15 is the section which gives a private right of action for threefold damages. Defendants move that the complaint be dismissed under Rule 12 (b) (6), P.R.C.P., 28 U.S.C. and Rule 12(h) (2) on the grounds that it fails to state a claim under…
2Cases cited3 opinions
- Federal Trade Commission v. Beech-Nut Packing Co.Supreme Court of the United States · 1922
- Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
- Baim & Blank v. Admiral CorporationDistrict Court, S.D. New York · 1955
3Cited by5 opinions
- Julius Nagler v. Admiral CorporationCourt of Appeals for the Second Circuit · 1957
- Cash Energy, Inc. v. WeinerDistrict Court, D. Massachusetts · 1991
- Rosen v. Texas CompanyDistrict Court, S.D. New York · 1958
- Arzee Supply Corp. of Conn. v. Ruberoid Co.District Court, D. Connecticut · 1963
- United Grocers' Co. v. Sau-Sea Foods, Inc.District Court, S.D. New York · 1957