Tripoli Company v. Wella Corporation

OPINION

WEINER, District Judge.

Defendant manufacturer has moved for summary judgment, pursuant to Fed.R.Civ.P. 56(b), against plaintiff distributor, in this private, treble-damage antitrust action. In its original suit, plaintiff complains that after approximately thirty years of distributing defendant’s beauty supplies to retailers and consumers, plaintiff has now been refused defendant’s trade. In its complaint, plaintiff alleges that defendant has so acted on the ground that plaintiff has from time to time charged its customers a price lower than that which defendant recommended for resale.

I…