Central Ice Cream Co. v. Golden Rod Ice Cream Co.
| Decision Date | 05 September 1958 |
| Docket Number | No. 12139.,12139. |
| Citation | 257 F.2d 417 |
| Parties | CENTRAL ICE CREAM COMPANY, Plaintiff-Appellant, v. GOLDEN ROD ICE CREAM COMPANY, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Seventh Circuit |
William C. Wines, J. Stirling Mortimer, Daniel J. Ryan, Chicago, Ill., for appellant.
Grover D. Rose, Claude A. Roth, Philip A. Rose, Harry E. Smoot, Chicago, Ill. (Rose, Burt & Pierce, Gottlieb & Schwartz, Bernard Weisberg, Chicago, Ill., of counsel), for appellee.
Before FINNEGAN, SCHNACKENBERG and PARKINSON, Circuit Judges.
We are reviewing the dismissal of plaintiff's complaint for injunctive relief and damages grounded in the: Sherman Anti-Trust Act,1 Clayton Act,2 Robinson-Patman Act,3 Civil Rights Act4 and, the National School Lunch Act.5 Without adjudicating the truth of plaintiff's allegations we can assume those which are well pleaded because of defendant's motion to dismiss the complaint and, then evaluate it, bearing in mind Mr. Justice Black's statement: "In appraising the sufficiency of the complaint we follow * * * the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 1957, 355 U.S. 41, 78 S.Ct. 99, 102, 2 L.Ed.2d 80. See also Rule 8, Federal Rules of Civil Procedure, 28 U.S.C.
Central Ice Cream Company, plaintiff, from whose complaint we report some admitted facts, and Golden Rod Ice Cream Company, defendant, are each respectively engaged in manufacturing ice cream from milk, cream and other ingredients in Illinois. After bringing in some essential ingredients from Wisconsin and other states, plaintiff sells its ice cream in Illinois and other states using interstate trucking for delivery. On the other hand defendant, as well, imports ingredients, for its product, in interstate commerce, and plaintiff alleges:
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