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ZESTEE FOODS, INC. v. FRUEHAUF CORPORATION

No. 72-C-332.

390 F.Supp. 595 (1974)

ZESTEE FOODS, INCORPORATED, a corporation, Plaintiff, v. FRUEHAUF CORPORATION, a corporation, Defendant.

United States District Court, N. D. Oklahoma, Civil Division.

December 27, 1974.

Attorney(s) appearing for the Case

J. C. Baker, Tulsa, Okl., for plaintiff.

J. L. Morehead, Tulsa, Okl., for defendant.

MEMORANDUM OPINION

DAUGHERTY, Chief Judge.

Plaintiff brought this antitrust action seeking treble damages under the provisions of Section 4 (15 U.S.C. § 15) of the Clayton Act alleging that Defendant made an illegal brokerage payment in violation of Section 2(c) [15 U.S.C. § 13(c)] of the Robinson-Patman Act. Plaintiff asserts it was damaged by such alleged violation of an antitrust law. The payment in question involved an "overallowance" paid...

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