CREAM CREST-BLANDING DAIRIES, INC., PLAINTIFF-APPELLANT,
v.
NATIONAL DAIRY PRODUCTS CORP., DEFENDANT-APPELLEE

6th Cir. | 1967-01-11
No. 16835
Before PHILLIPS, PECK and McCREE, Circuit Judges.
370 F.2d 332 United States Court of Appeals for the Sixth Circuit (1967)

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Synopsis

This case involves an appeal from a jury verdict in an action to recover damages for the alleged breach of three lease agreements, where the jury awarded damages to a newly added plaintiff but zero to the original plaintiffs.


Holding

The court is reviewing a final judgment entered upon a jury verdict, where the jury found no damages for the original plaintiffs but awarded substantial damages to a newly added plaintiff.


Facts & Procedural History

Original plaintiffs sued U. S. Rubber for breach of lease agreements for an automobile service center. Summary judgment on liability was granted for t…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an action for treble damages under the Robinson-Patman amendment to the Clayton Act, 15 U.S.C. § 13a, for price discrimination in the sale of milk. The facts are set forth in the opinion of the District Judge Noel P. Fox granting summary for defendant, reported at 243 F.Supp. 331 (W.D.Mich.).

This case is controlled by the decision in Willard Dairy Corp. v. National Dairy Products Corp., 309 F. 2d 943 (C.A. 6), cert. denied, 373 U.S. 934, 83 S.Ct. 1554, 10 L.Ed.2d 691, rehearing denied, 375 U.S. 871, 84 S.Ct. 28, 11 L.Ed.2d 101. Appellants urge that the decision be reconsidered and overruled. This we decline to do.

The judgment of the district court is affirmed.


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