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PORTO RICAN AMERICAN TOBACCO CO. v. AMERICAN TOBACCO CO.

No. 114.

30 F.2d 234 (1929)

PORTO RICAN AMERICAN TOBACCO CO. OF PORTO RICO v. AMERICAN TOBACCO CO.

Circuit Court of Appeals, Second Circuit.

January 7, 1929.

Attorney(s) appearing for the Case

Jonathan H. Holmes, of New York City (Martin Conboy, of New York City, of counsel), for appellant.

Burroughs & Brown, of New York City (H. Lewis Brown and Charles S. Day, Jr., both of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

MANTON, Circuit Judge.

The decree entered below enjoins the appellant from continuing to practice a discrimination in prices in the sale of appellant's brand of "Lucky Strike" cigarettes for resale, use, and consumption within the island of Porto Rico. It rests upon the violation by appellant of section 13 of title 15, U. S. Code (section 2 of the Clayton Act [15 USCA § 13]), which provides:

"Discrimination in Price Between Purchasers. It shall...

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