Collins Oil Co. v. Tenneco, Inc., Tenneco Oil Co., 556 F.2d 1274 (5th Cir. 1977).

Collins Oil Co. v. Tenneco, Inc., Tenneco Oil Co., 556 F.2d 1274 (5th Cir. 1977). Book View Copy Cite

COLLINS OIL COMPANY, Plaintiff-Appellant,
v.
TENNECO, INC., Et Al., Defendants, Tenneco Oil Company, Defendant-Appellee

76-2647.

Court of Appeals for the Fifth Circuit.

Aug 3, 1977.

556 F.2d 1274

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Claude B. Arrington, Douglass B. Shivers, Tallahassee, Fla., for plaintiff-appellant., Kevin E. Grady, John C. Butters, Atlanta, Ga., for defendant-appellee.

Jones, Coleman, Tjoflat.

Cited by 3 opinions | Published

PER CURIAM:

In the present Robinson-Patman Act 1 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).