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DEAN OIL COMPANY v. AMERICAN OIL COMPANY

Civ. A. No. 7-56.

147 F.Supp. 414 (1956)

DEAN OIL COMPANY, Plaintiff, v. AMERICAN OIL COMPANY, Defendant.

United States District Court D. New Jersey.

December 26, 1956.

Attorney(s) appearing for the Case

Koestler & Koestler, Melvin J. Koestler, Elizabeth, N. J., for plaintiff.

Stickel & Stickel, Fred G. Stickel, Jr., Newark, N. J., for defendant.

WORTENDYKE, District Judge.

Defendant's motion in this private treble damage action under Section 4 of the Clayton Act, 15 U.S.C.A. § 15, for dismissal of the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C., poses the critical question of whether Section 3 of the Robinson-Patman Act, 15 U.S.C.A. § 13a is one of the anti-trust laws as defined by Section 1 of the Clayton Act...

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