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UNITED STATES v. McKESSON & ROBBINS, INC.

122 F.Supp. 333 (1954)

UNITED STATES v. McKESSON & ROBBINS, Inc.

United States District Court, S. D. New York.

July 1, 1954.

Attorney(s) appearing for the Case

Worth Rowley, Special Asst. to the Atty. Gen. (Allen A. Dobey, William F. Rogers, Washington, D. C., of counsel), for plaintiff.

Hodges, Reavis, McGrath, Pantaleoni & Downey, New York City (John P. McGrath, Denis B. Sullivan, Robert Thrun, Laurence C. Ehrhardt, New York City, of counsel), for defendant.

MURPHY, District Judge.

On this motion for summary judgment by plaintiff under Rule 56, Fed.Rules Civ. Proc., 28 U.S.C.A., in an action under Section 4 of the Sherman Act1 seeking adjudication of illegality and injunction, a question of first impression in the courts is presented: Is a manufacturer, who is also a wholesaler and a limited retailer of his own products, as well as a wholesaler of products of other manufacturers, privileged...

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