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MOORE CO. OF SIKESTON, MO. v. SID RICHARDSON CARBON & GAS. CO.

No. S 61 C 58.

237 F.Supp. 817 (1964)

The MOORE COMPANY OF SIKESTON, MISSOURI, a corporation, and J. E. Moore, Jr., Plaintiffs, v. SID RICHARDSON CARBON & GASOLINE CO. (formerly known as Sid Richardson Carbon Company), a corporation, Defendant.

United States District Court E. D. Missouri, Southeastern Division.

October 30, 1964.

Attorney(s) appearing for the Case

Weber Gilmore, Sikeston, Mo., Paul B. Rava, St. Louis, Mo., Rufus Garrett, Ft. Worth, Tex., for plaintiffs.

Finch, Finch, Knehans, Cape Girardeau, Mo., for defendant.

MEREDITH, District Judge.

This matter is pending before this Court on defendant's motion for summary judgment on the plaintiff's private suit for treble damages under the Robinson-Patman Act and the Clayton Act.

The defendant's motion for summary judgment is based upon three grounds:

1. The statute of limitations bars plaintiffs' claims;

2. The record shows that there was no injury to competition upon which plaintiffs' cause of action could...

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