Bolick-Gillman Company, a Nevada Corporation v. Continental Baking Company, a Delaware Corporation

This action is brought under § 4 of the Clayton Act, 15 U.S.C.A. § 15 , to secure treble damages for violation of § 1 of the Sherman Act, 15 U.S.C.A. § 1 , and § 2(a) of the Clayton Act, 15 U.S.C.A. § 13 . The District Court dismissed with prejudice the amended complaint of plaintiff for failure to state a claim upon which relief might be granted. Upon this appeal by plaintiff, we have concluded that such action was a premature disposition of the case in the light of the pleading and the potentials of proof.

Plaintiff alleged that it was a distributor of bakery products in Las Vegas, Nevada; that defendant was a manufacturer of bakery products operating out of Salt Lake City, Utah, maintaining a distributor in Las Vegas with whom plaintiff was in competition; that defendant maintained other distributors in communities in Utah and Eastern Nevada; that in prices charged to its distributors during the period from June 30, 1955, to April 15, 1956, defendant discriminated in favor of its Las Vegas distributor and against its other distributors and that the higher prices charged to the other distributors were used by defendant to make up for the lower prices charged to the Las Vegas…