Burge v. Bryant Public School District
Opinion of the Court
James Burge appeals from an order of the District Court
The District Court 520 F.Supp. 328, held that this purchase came within the Nonprofit Institutions Act, 15 U.S.C. § 13c, and was therefore exempt from the RobinsonPatman Act. It also held that the “services rendered” exception, embodied in Section 2(c) itself, applied to the transaction. Without reaching the issue of exemption under the Robinson-Patman Act, we affirm on the latter ground, substantially for the reasons stated in the District Court’s memorandum opinion. See 8th Cir. R. 14. There is no genuine issue of material fact as to whether services were rendered by the Bryant Public School District in exchange for the commission it received. The school district rendered valuable services to the photographer in connection with the sale and purchase of the photographs that were taken. The services, including the provision of space in which photographs of students could be taken and the use of school employees to schedule the students for their sittings, were not de minimis.
Affirmed.
. The Hon. Henry Woods, United States District Judge for the Eastern District of Arkansas.
Reference
- Full Case Name
- James BURGE d/b/a James Burge Photography v. BRYANT PUBLIC SCHOOL DISTRICT OF SALINE COUNTY Otis Hardin d/b/a Skipper Photos of Little Rock Davis/Pack Associates, Inc. and Henington Studio of Wolfe City, Texas
- Cited By
- 1 case
- Status
- Published