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KROCH v. TEXAS COMPANY

167 F.Supp. 947 (1958)

Charles Carl KROCH, d/b/a Nursery Park Service Center, Plaintiff, v. The TEXAS COMPANY, Defendant.

United States District Court S. D. New York.

November 22, 1958.

Attorney(s) appearing for the Case

Abraham Pollock, New York City, for plaintiff.

Milton Handler, Amzy B. Steed, Frank D. Gorman, New York City, for defendant.

FREDERICK Van PELT BRYAN, District Judge.

This is an action for treble damages alleged to have resulted from price discrimination in violation of the Robinson-Patman 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...

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