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INDIAN COFFEE CORP. v. PROCTER & GAMBLE CO.

Civ. A. No. 76-1362.

482 F.Supp. 1098 (1980)

INDIAN COFFEE CORP., a corporation, and Penn-Western Food Corp., a corporation, Plaintiffs, v. The PROCTER & GAMBLE COMPANY, a corporation, and The Folger Coffee Company, a corporation, Defendants.

United States District Court, W. D. Pennsylvania.

January 14, 1980.

Attorney(s) appearing for the Case

John L. Laubach, Jr., Stevens, Clark, Laubach & Semple, Pittsburgh, Pa., for plaintiffs.

William Aluah Stewart, III, Cloyd R. Mellott, John W. Ubinger, Jr., Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., John W. Beatty, Edward W. Merkel, Jr., Mark Silbersack, Dinsmore, Shohl, Coates & Deupree, Cincinnati, Ohio, for defendants.

OPINION

DIAMOND, District Judge.

Plaintiffs, Indian Coffee Corporation (Indian) and its wholly-owned subsidiary Penn-Western Food Corporation (Penn-Western), filed this suit alleging that the defendants, The Procter & Gamble Company (Procter & Gamble) and its wholly-owned subsidiary The Folger Coffee Company (Folger), violated § 2(a) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. § 13(a), by granting discriminatory...

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