U.S. Court of Appeals for the Fifth Circuit, 1970

A & M Stores, Inc. v. Hiram Walker, Inc., Brown-Forman Distillers Corporation, Tampa Wholesale Liquor Co.

U.S. Court of Appeals for the Fifth Circuit · Decided May 12, 1970 · Gewin, Goldberg, Dyer

427 F.2d 167; 1970 U.S. App. LEXIS 9289; 1970 Trade Cas. (CCH) 73,174 (Federal Reporter, Second Series)

Counsel

Natalie Baskin, Milton E. Grusmark, Miami Beach, Fla., for plaintiff-appellant., John M. Allison, Tampa, Fla., James C. McKay, George V. Allen, Jr., Washington, D. C., for Hiram Walker, Inc., T. Paine Kelly, Jr., Tampa, Fla., for Brown-Forman., Arnold D. Levine, Tampa, Fla., for Regueira., James E. Lehan, Tampa, Fla., for Tampa Wholesale., Thomas E. Henderson, Tampa, Fla., for Tampa Crown.

Cases that cite this one

8 later published cases cite this decision.

Jefferson County Pharmaceutical Association, Inc. v. Abbott Laboratories (5th Cir. 1981)
Ralph H. Littlejohn, Jr. v. Shell Oil Company (5th Cir. 1972)
Daedalus Capital LLC v. Bradford Vinecombe (11th Cir. 2015)
Ingram Corporation v. J. Ray Mcdermott & Co., Inc. (5th Cir. 1983)
Ingram Corp. v. J. Ray McDermott & Co. (5th Cir. 1983)
American Telephone & Telegraph Co. v. Delta Communications Corp. (District Court, S.D. Mississippi 1976)
Murdock v. City of Jacksonville, Florida (United States District Court for the Middle District of Florida 1973)
Scott v. Dollahite (District Court, N.D. Mississippi 1972)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

*168 PER CURIAM.

A & M Stores, Inc., a retail liquor store in Hillsborough County, Florida, brought this action for damages and injunctive relief against certain out-of-state distillers and local wholesale distributors of alcoholic beverages. The gravamen of plaintiff's complaint is the alleged existence of quantity discounts under which certain of its retail competitors are said to be able to purchase alcoholic beverages from the defendant distributors at prices lower than those available to plaintiff.

Count One of plaintiff’s complaint alleges discriminatory pricing in violation of section 2 of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C.A. § 13. Count Two of the complaint alleges a conspiracy in violation of section 1 of the Sherman Act, 15 U.S. C.A. § 1.

As to both counts of the complaint the district court granted defendants’ motions for summary judgment, ruling that no genuine issues of material fact existed. Plaintiff appeals, and we affirm. 1

Insofar as Count One of the complaint is concerned, this case is factually indistinguishable from, and is controlled by, the case of Hiram Walker, Inc. v. A & S Tropical, Inc., 5 Cir. 1969, 407 F.2d 4, cert. denied, 396 U.S. 901, 90 S.Ct. 212, 24 L.Ed.2d 177, in which this court held that the granting of the defendants’ motions for summary judgment was required as a matter of law.

Regarding Count Two of the complaint, the record reveals that plaintiff failed to meet its burden of responding to defendants’ motions for summary judgment by setting forth “specific facts showing that there is a genuine issue for trial.” Rule 56(e), Fed.R.Civ.P. The entry of summary judgment was therefore proper.

The judgment of the district court is affirmed.

. Pursuant to Rule 18 of the Rules of this Court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the Clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804, Part I; Huth v. Southern Pacific Company, 5 Cir. 1969, 417 F.2d 526, Part I.

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