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GAYLORD SHOPS, INC. v. PITTSBURGH MIRACLE MILE T. & C. SHOP. C.

Civ. No. 62-79.

219 F.Supp. 400 (1963)

GAYLORD SHOPS, INC., Plaintiff, v. PITTSBURGH MIRACLE MILE TOWN AND COUNTRY SHOPPING CENTER, INC. and J. C. Penney Co., Defendants.

United States District Court W. D. Pennsylvania.

July 1, 1963.

Attorney(s) appearing for the Case

Guy L. Warman, of Metz, Cook, Hanna & Kelly, Pittsburgh, Pa., for plaintiff.

William H. Eckert, of Eckert, Seamans & Cherin, Pittsburgh, Pa., for defendant Pittsburgh Miracle Mile Town and Shopping Center, Inc.

Thomas W. Pomeroy, Jr., of Kirkpatrick, Pomeroy, Lockhart & Johnson, Pittsburgh, Pa., for defendant J. C. Penney Co.

MARSH, District Judge.

The defendants in this anti-trust case have moved for summary judgment, pursuant to Rule 56(b) and (c), Fed.R. Civ.P., on all claims asserted by the plaintiff based on violations of § 2 of the Clayton Act, as amended by the Robinson-Patman Act, 49 Stat. 1526, 15 U.S.C. § 13 (hereinafter sometimes referred to as the Act), § 3 of the Clayton Act, 38 Stat. 731, 15 U.S.C. § 14, and the common law, on the ground that the record...

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