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022462P.pdf   07/12/2004  Reeder-Simco GMC  v.  Volvo GM Heavy Truck
   U.S. Court of Appeals Case No:  02-2462
   Truck   
Western District of Arkansas Civil case- Antitrust. Plaintiff was a purchaser for the purposes of pursuing a price discrimination claim under the Robinson Patman Act; plaintiff established it competed in the same geographic markets as the dealers it claimed received favored treatment from Volvo; comparative sales of trucks only needed to be of like grade and quality, and the minor differences in the trucks - such as engine types and gear ratios - did not prevent them from being of like grade and quality; plaintiff's evidence was sufficient to show price discrimination resulting in competitive injury; plaintiff showed actual injury and was entitled to receive treble damages under 15 U.S.C. Sec. 13(a); damages evidence was sufficient to support jury awards, especially under the relaxed standard applied to ascertaining a plaintiff's damages once it has established an actual injury; district court had jurisdiction over plaintiff's claim under the Arkansas Franchise Practices Act, and the Arkansas Motor Vehicle Commission Act did not pose an impediment to recovery under the Franchise Practices Act. Judge Hansen, concurring in part and dissenting in part. [PUBLISHED] [Bye, Author, with R. Arnold and Hansen, Circuit Judges]