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NORTH AMERICAN PRODUCE v. NICK PENACHIO CO.

No. CV 88-1127.

705 F.Supp. 746 (1988)

NORTH AMERICAN PRODUCE CORP., Plaintiff, v. NICK PENACHIO CO., INC., Defendant.

United States District Court, E.D. New York.

December 12, 1988.

Attorney(s) appearing for the Case

Ciovacco & Campanella by Lewis J. Campanella, Westbury, N.Y., for plaintiff.

Leonard Kreinces, Great Neck, N.Y., for defendant.

MEMORANDUM AND ORDER

WEXLER, District Judge.

The present action arises out of a contract between plaintiff and defendant. Plaintiff, North American Produce Corporation ("North American"), alleges that the defendant, Nick Penachio Co., Inc. ("Penachio") committed two antitrust violations. First plaintiff alleges that defendant tried to maintain a vertical price maintenance scheme through its contract with defendant in violation of Sherman Antitrust Act &...

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