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FUSCO v. XEROX CORP.

No. 81-2123.

676 F.2d 332 (1982)

Charlotte FUSCO and Daniel Boe, Appellants, v. XEROX CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 28, 1982.

Rehearing Denied May 25, 1982.

Attorney(s) appearing for the Case

Betsy G. Berger, Lincoln, Neb., for appellants.

Gerald P. Laughlin, Craig W. Thompson, Baird, Holm, McEachen, Pedersen, Hamann & Strasheim, Omaha, Neb., for appellee.

Before ROSS, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HENLEY, Circuit Judge.

ROSS, Circuit Judge.

On May 28, 1981, appellants, Charlotte Fusco and Daniel Boe, filed an amended complaint,1 pursuant to Section 4 of the Clayton Act, 15 U.S.C. § 15 (1976), against the Xerox Corporation (Xerox) alleging unlawful price discrimination under Section 2(a) of the Robinson-Patman Price Discrimination Act, 15 U.S.C. § 13(a) (1976). On June 2, 1981, Xerox filed a motion to dismiss for failure to state a claim pursuant...

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