Klein v. The Lionel Corp.
United States Court of Appeals for the Third Circuit
237 F.2d 13 (1956)
- Written by John Reeves, JD
Facts
Philip Klein (plaintiff) operated a retail store selling electric trains and accessories. The Lionel Corporation (defendant) sold these types of goods to middlemen, jobbers, and some retailers, all at a discount. The discount was determined by the type of purchaser. Klein bought Lionel’s products from the jobbers or middlemen who had originally purchased the products from Lionel, but Klein never bought any products from Lionel directly. Although Klein was able to buy Lionel’s products from middlemen and jobbers at a discount, the discount was lower than the discount Lionel offered to retailers who bought from Lionel directly. Klein brought suit against Lionel under § 2(a) of the Clayton Act as modified by the Robinson-Patman Act, alleging price discrimination. The trial court dismissed the case on the ground that the Robinson-Patman Act required the complaining party to have been a direct purchaser from the party that allegedly engaged in price discrimination, and that because Klein never purchased directly from Lionel, his case failed as a matter of law.
Rule of Law
Issue
Holding and Reasoning (Biggs, C.J.)
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