Legal Opinion
Food Basket, Inc. v. Albertson's, Inc.
Court of Appeals for the Tenth Circuit
Decided October 13, 1967No. 8623PublishedCited by 27 opinions
1Opinion of the Court
MURRAH, Chief Judge.
The primary issue in this appeal from a summary judgment in a private antitrust suit is the applicability of Section 2(a) and (f) of the Robinson-Patman Act (49 Stat. 1526, 15 U.S.C. § 13(a)); and Section 2 of the Sherman Act (15 U.S.C. § 2, 26 Stat. 209), to a seller of merchandise who is engaged in interstate commerce but discriminates in price only as between purchasers in one county— Salt Lake County, Utah.
On the basis of the complaint, supporting discovery and statement of counsel, the court concluded that the discriminatory purchases complained of were not “in…
2Cases cited13 opinions
- Wickard v. FilburnSupreme Court of the United States · 1942
- Continental Oil Company v. The Frontier Refining CompanyCourt of Appeals for the Tenth Circuit · 1964
- Utah Pie Co. v. Continental Baking Co.Supreme Court of the United States · 1967
- Moore v. Mead's Fine Bread Co.Supreme Court of the United States · 1955
- The Travelers Indemnity Company v. United States of America for the Use of Construction Specialties CompanyCourt of Appeals for the Tenth Circuit · 1967
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc., William Inglis & Sons Baking Co. v. Itt Continental Baking Company, Inc.Court of Appeals for the Ninth Circuit · 1982
- Cliff Food Stores, Inc. v. Kroger, Inc. And Bilo, Inc.Court of Appeals for the Fifth Circuit · 1969
- Ralph H. Littlejohn, Jr. v. Shell Oil CompanyCourt of Appeals for the Fifth Circuit · 1973
- Zoslaw v. MCA Distributing Corp.Court of Appeals for the Ninth Circuit · 1982
- Hiram Walker, Incorporated, and South Florida Liquor Distributors, Inc. v. A & S Tropical, Inc.Court of Appeals for the Fifth Circuit · 1969
22 more not listed; retrieve them via the Exa API.