Portland Retail Druggists Association, Inc. v. Abbott Laboratories

510 F.2d 486 1974-2 Trade Cases 75,437 PORTLAND RETAIL DRUGGISTS ASSOCIATION, INC., an Oregon nonprofit Corporation, on behalf of its assignors, Plaintiff-Appellant, v. ABBOTT LABORATORIES, an Illinois Corporation, et al., Defendants-Appellees. No. 73--2342. United States Court of Appeals, Ninth Circuit. Dec. 26, 1974. Rehearing Denied March 11, 1975. Certiorari Granted June 23, 1975. See 95 S.Ct. 2655 . Roger Tilbury (argued), Portland, Or., Henry Kane (argued), Beaverton, Or., for plaintiff-appellant. James H. Clarke (argued), Portland, Or., for defendants-appellees. Before MERRILL and WALLACE, Circuit Judges, and POWELL, * District Judge. MERRILL, Circuit Judge: 1 Plaintiff-appellant commenced this action as the assignee of the antitrust claims of more than sixty retail pharmacies engaged in business in the Greater Portland, Oregon, area. Suit was brought against twelve manufacturers of prescription drugs and sought injunctive relief and damages. Appellant's complaint was stated in five claims, only the second of which is involved in this appeal. 1 That claim charges that defendant drug manufacturers have violated the Robinson-Patman Act, 15 U.S.C. § 13 et seq. (1970), 2…