COLLINS OIL COMPANY, PLAINTIFF-APPELLANT,
v.
TENNECO, INC., ET AL., DEFENDANTS, TENNECO OIL COMPANY, DEFENDANT-APPELLEE

5th Cir. | 1977-08-03
No. 76-2647
Before JONES, COLEMAN and TJOFLAT, Circuit Judges.
556 F.2d 1274 Court of Appeals for the Fifth Circuit (1977) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

In the present Robinson-Patman Act1 case, the plaintiff appeals the lower court’s granting of a directed verdict at the close of its case on the ground that there was no substantial evidence of any price discrimination between competitors in comparable transactions and no proof of any actual damages. A review of the record reveals that the plaintiff did in fact fail to prove it was in competition with defendant’s more favored customers, and consequently the motion for a directed verdict was properly granted. See M. C. Mfg. Co., Inc. v. Texas Foundries, Inc., 517 F. 2d 1059,1066 (5th Cir. 1975).

AFFIRMED.

. 15 U.S.C. §§ 13 — 13b, 21a (1970).


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