Legal Opinion

Kroch v. Texas Company

District Court, S.D. New York

Decided November 22, 1958PublishedCited by 11 opinions

1Opinion of the Court

FREDERICK Van PELT BRYAN, District Judge.

This is an action for treble damages alleged to have resulted from price discrimination in violation of the RobinsonPatman Act, 15 U.S.C.A. § 13. The complaint alleges that the defendant discriminated in price in favor of gas.stations in Nassau and adjoining counties similar to that operated by the plaintiff in Manhasset.

Defendant moves (1) to dismiss the complaint, pursuant to Rule 12(b), Fed. Rules Civ.Proc., 28 U.S.C. on the ground that it fails to state a claim upon which relief can be granted; (2) in the alternative to strike certain allegations…

2Cases cited4 opinions

  1. Herbert Milbert v. Bison Laboratories, Inc., and the Baltimore and Ohio Railroad CompanyCourt of Appeals for the Third Circuit · 1958
  2. Nashville Milk Co. v. Carnation Co.Supreme Court of the United States · 1958
  3. Safeway Stores, Inc. v. VanceSupreme Court of the United States · 1958
  4. Rosen v. Texas CompanyDistrict Court, S.D. New York · 1958

3Cited by11 opinions

  1. Pettit v. American Stock ExchangeDistrict Court, S.D. New York · 1963
  2. City of Burbank v. General Electric Co.Court of Appeals for the Ninth Circuit · 1964
  3. Seven-Up Company v. O-So Grape Co.District Court, S.D. Illinois · 1959
  4. Jostens, Inc. v. Federated Mutual Insurance Co.Supreme Court of Minnesota · 2000
  5. Urbach v. SaylesDistrict Court, D. New Jersey · 1991

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