Legal Opinion

Security Tire & Rubber Co. v. Gates Rubber Co.

Court of Appeals for the Fifth Circuit

Decided July 12, 1979No. 77-1943PublishedCited by 26 opinions

1Opinion of the Court

JAMES C. HILL, Circuit Judge:

This is primarily a price discrimination case brought under Section 2(a) of the Robinson-Patman Act. 15 U.S.C.A. § 13. We hold that Plaintiffs have failed to allege or prove a discriminatory sale to a favored customer.

I

The factual background and the course of proceedings relevant to our decision today may be briefly summarized.

In 1964, Plaintiffs, Security Tire & Rubber Company, a Texas Corporation (Securi*963ty-Texas), and Security Tire & Rubber Company, a Virginia Corporation (Security-Virginia), embarked on a course of dealing with the Defendant, The Gates Rubber…

2Cases cited25 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Hyde v. United StatesSupreme Court of the United States · 1912
  3. Kiefer-Stewart Co. v. Joseph E. Seagram & Sons, Inc.Supreme Court of the United States · 1951
  4. Timken Roller Bearing Co. v. United StatesSupreme Court of the United States · 1951
  5. Bruce's Juices, Inc. v. American Can Co.Supreme Court of the United States · 1947

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

3Cited by26 opinions

  1. City of Mt. Pleasant, Iowa v. Associated Electric Cooperative, Inc. Central Electric Power Cooperative Northeast Missouri Electric Power Cooperative Tri-County Electric Cooperative Association MacOn Electric Cooperative and Ralls County Electric Cooperative, City of Mt. Pleasant, Iowa v. Associated Electric Cooperative, Inc. Central Electric Power Cooperative Northeast Missouri Electric Power Cooperative Tri-County Electric Cooperative Association MacOn Electric Cooperative and Ralls County Electric CooperativeCourt of Appeals for the Eighth Circuit · 1988
  2. Russ' Kwik Car Wash, Inc. Clean Cars, Inc. v. Marathon Petroleum Company Gastown, Inc. Emro Marketing CompanyCourt of Appeals for the Sixth Circuit · 1985
  3. Havird Oil Company, Incorporated v. Marathon Oil Company, Incorporated, and Emro Marketing Company, IncorporatedCourt of Appeals for the Fourth Circuit · 1998
  4. Joseph J. Shavrnoch v. Clark Oil and Refining Corporation, a Wisconsin CorporationCourt of Appeals for the Sixth Circuit · 1984
  5. City of Mt. Pleasant v. Associated Electric Cooperative, Inc.Court of Appeals for the Eighth Circuit · 1988

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

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