Moore v. Mead Service Co.

PICKETT, Circuit Judge.

This action was brought to recover statutory treble damages alleged to have been incurred by reason of the defendant’s violation of the Clayton Act as amended by the Robinson-Patman Price Discrimination *541Act of 1936, 15 U.S.C.A. §§ 13(a), 15. At the conclusion of plaintiffs evidence, the trial court dismissed the complaint and entered judgment for the defendant for the reason that the evidence showed that the alleged price discrimination was in response to changing conditions affecting the market for or the marketability of goods concerned which was permitted under the…