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MORRIS ELECTRONICS OF SYRACUSE v. MATTEL

No. 83-CV-211.

595 F.Supp. 56 (1984)

MORRIS ELECTRONICS OF SYRACUSE, INC., Plaintiff, v. MATTEL, INC., Mattel Electronics, Inc. and Louis J. Buduson, Individually, and d/b/a Sound Merchandise, Defendants.

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

June 20, 1984.

Attorney(s) appearing for the Case

Berger, Steingut, Weiner, Fox & Stern, New York City, Levene, Gouldin & Thompson, Binghamton, N.Y., for plaintiff; Lawrence I. Fox, New York City, Samuel K. Levene, Binghamton, N.Y., of counsel.

Howrey & Simon, Washington, D.C., Hiscock, Lee, Rogers, Henley & Barclay, Syracuse, N.Y., for defendants Mattel, Inc., Mattel Electronics, Inc., Louis J. Buduson, Sound Merchandise; William R. O'Brien, Washington, D.C., Taylor H. Obold, Syracuse, N.Y., of counsel.

Richard B. Muir, Hilton, N.Y., for defendants Louis J. Buduson, Sound Merchandise.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

Sections 2(d) and 2(e) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. §§ 13(d) and 13(e) (1976), make it unlawful, in substance, for a seller to furnish promotional and advertising allowances, services, or facilities to a customer in connection with the sale of a product unless such allowances, services or facilities are made available on proportionately equal terms to...

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