Food Basket, Inc., a Utah Corporation v. Albertson's, Inc., a Nevada Corporation

ORIE L. PHILLIPS, Circuit Judge.

On December 9, 1964, Food Basket, Inc., a Utah corporation, 1 commenced this action against Albertson’s, Inc., a Nevada corporation, 2 to recover treble damages for alleged violations of the Clayton Act, as amended by the Robinson-Patman Act (15 U.S.C.A. § 13(a) and (f)).

In addition to the allegations respecting violations of the Clayton Act, as amended, it was further alleged in paragraph-6 of the complaint, as follows:

“6. Beginning in December 1963 and continuing up until July, 1964, the defendant was engaged in a plan and policy to restrain unreasonably the…