Gerald Brown and Judy Brown, Husband and Wife v. Hansen Publications, Inc., a Corporation

Appellants Gerald and Judy Brown brought this action against Hansen Publications, Inc., alleging violations of sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 ,2, and section 2(a) of the Clayton Act, as amended by the Robinson-Patman Act, 15 U.S.C. § 13 (a), in the distribution in the Phoenix area of popular (as distinguished from classical or educational) sheet music and music books. The district court entered judgment in favor of Hansen Publications. We affirm.

Hansen Publications, Inc., a Florida corporation wholly owned and controlled by Charles Hansen, is engaged in the publication of popular sheet music and music books. Music Retailers, Inc., and Pacific Coast Music Jobbers, Inc., California corporations wholly owned and controlled by Charles Hansen, are engaged in the distribution and sale of sheet music and music books.

Music Retailers operated concessions for the sale of sheet music and music books in branches of Wallich’s a chain of California music stores. Wallich’s opened a branch in Phoenix, Arizona, with Music Retailers operating the sheet music and music book concession. Music Retailers acquired similar concessions in two other Phoenix music stores, and…