Moore Co. of Sikeston v. Sid Richardson Carbon & Gasoline Co.

MEREDITH, District Judge.

This matter is pending before this Court on defendant’s motion for summary judgment on the plaintiff’s private suit for treble damages under the Robinson-Patman Act and the Clayton Act.

The defendant’s motion for summary judgment is based upon three grounds:

1. The statute of limitations bars plaintiffs’ claims;

2. The record shows that there was no injury to competition upon which plaintiffs’ cause of action could be based;

3. The claim of plaintiff, The Moore Company of Sikeston, was a compulsory counterclaim which it failed to assert in a prior suit and is, therefore,…