Joseph O. Abramson and Shirley Rita Abramson v. Colonial Oil Company
Joseph O. ABRAMSON and Shirley Rita Abramson, Appellants, v. COLONIAL OIL COMPANY, Appellee
Opinion
PER CURIAM:
Appellants, the Abramsons, own and operate a service station in Orlando, Florida. Appellee, Colonial Oil Company, is a Florida corporation engaged in supplying at wholesale petroleum products to independent dealers and of selling petroleum products at retail through service stations operated by Colonial. The Abramsons’ suit is bottomed on allegations that they were under contract to purchase petroleum products from the appellee and that during the contract period Colonial discriminated against them by selling petroleum products of like grade and quality to other service stations in the Orlando area at lower prices, thereby lessening competition and injuring appellants’ business in violation of the Robinson-Patman Act, 15 U.S.C.A. § 13 (a).
Both parties filed motions for summary judgment, and it is now undisputed in the record that during the period in question all outlets in the Orlando area which were supplied with petroleum products by Colonial, including the Abram-sons’ service station, were supplied with petroleum products which were purchased by Colonial within the State of Florida.
Thus, the acts complained of did not occur in interstate commerce within the meaning of this statute, and this case is controlled by Jones v. Metzger Dairies, Inc., *874 334 F.2d 919 (5 Cir. 1964). See, also, Food Basket, Inc. v. Albertsons, Inc., 383 F.2d 785 (10 Cir. 1967).
This case must be and is Affirmed.
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Cited by 6 cases
View all citing references →Relies on it most ⓘ
- Rose v. Vulcan Materials Company
- Kenneth Lehrman v. Gulf Oil Corporation
- Hiram Walker, Incorporated, and South Florida Liquor Distributors, Inc. v. A & S Tropical, Inc.
- Thomas E. Belliston v. Texaco, Inc.
- Roorda v. American Oil Co.
- Delta Marina, Inc. v. Plaquemine Oil Sales, Inc. And Lana Hingle, as Administratrix of the Estate of Joseph Hingle
Most recent
- Delta Marina, Inc. v. Plaquemine Oil Sales, Inc. And Lana Hingle, as Administratrix of the Estate of Joseph Hingle
- Roorda v. American Oil Co.
- Rose v. Vulcan Materials Company
- Kenneth Lehrman v. Gulf Oil Corporation
- Thomas E. Belliston v. Texaco, Inc.
- Hiram Walker, Incorporated, and South Florida Liquor Distributors, Inc. v. A & S Tropical, Inc.
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