Rangen, Inc., a Corporation, Buhl Feed & Ice Company, a Corporation, and Elwood D. Grimes v. Sterling Nelson & Sons, Inc., a Corporation

A manufacturer of fish food, asserting that a competitor bribed an official of the State of Idaho to prefer the competitor’s products, brought this action for damages and an injunction. The plaintiff is Sterling Nelson & Sons, Inc. (Nelson), a Utah corporation licensed to do business in Idaho and other states. The defendants are the competitor, Rangen, Inc. (Rangen), an Idaho corporation, Buhl Feed & Ice Company, a trade name under which Rangen does business, and Elwood D. Grimes, the state official.

In its complaint plaintiff undertakes to state four claims against defendants. The first is based upon section 2(c) of the Clayton Act, as amended by the Robinson-Patman Act, 49 Stat. 1527 (1936), 15 U.S.C. § 13 (c) (1964). The second and third claims are based, respectively, upon sections 1 and 2 of the Sherman Act, 26 Stat. 209 (1890), as amended 15 U.S.C. §§ 1 and 2 (1964). As to these three claims, district court jurisdiction is predicated upon 28 U.S.C. § 1831 (1964) — federal question. Plaintiff’s fourth claim is based upon Idaho Code, § 48-202(c) (1948), which is virtually a counterpart of section 2(c) of the Clayton Act. As to this claim, plaintiff invokes diversity…