Oak Construction Co. v. Huron Cement Co‪.‬

This is an appeal from the grant of summary judgment in favor of the defendant cement company in a Robinson-Patman action, 15 U.S.C. § 13(a), (d), and (e), to recover treble damages for injuries resulting from unlawful price discrimination. The record reveals that a counterclaim for non-payment of a contract debt was filed by defendant but has not yet been adjudicated. Since all the claims before the court were not decided in the grant of summary judgment, that order is interlocutory. Illinois Tool Works, Inc. v. Brunsing, 378 F.2d 234 (9th Cir. 1967); 6 J. Moore, Federal Practice para. 54.35[1], at 582 (2d ed. 1948).