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FIMEX CORP. v. BARMATIC PRODUCTS CO.

No. 76 C 2021.

429 F.Supp. 978 (1977)

FIMEX CORP., Plaintiff, v. BARMATIC PRODUCTS CO., Defendant.

United States District Court, E. D. New York.

April 14, 1977.

Attorney(s) appearing for the Case

Julien & Schlesinger, P.C. by David Jaroslawicz, New York City, for plaintiff.

Barnes, Richardson & Colburn, New York City by Edward F. Christopher, New York City, of counsel, and Arent, Fox, Kintner, Plotkin & Kahn, Washington, D.C. by Salvatore A. Romano, Washington, D.C., of counsel, for defendant.

MEMORANDUM AND ORDER

PLATT, District Judge.

Fimex Corporation ("Fimex") is suing Barmatic Products Company ("Barmatic") for discriminatory pricing in violation of the Robinson-Patman Act, 15 U.S.C. § 13(a).

The defendant Barmatic has moved pursuant to Rule 56 of the Federal Rules of Civil Procedure for summary judgment or, in the alternative, pursuant to Rule 12(b)(6) to dismiss the complaint on the grounds that the Robinson-Patman Act does...

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