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SUSSER v. CARVEL CORPORATION

206 F.Supp. 636 (1962)

Bernard SUSSER et al., Plaintiffs, v. CARVEL CORPORATION et al., Defendants. Lester N. MODICK et al., Plaintiffs, v. CARVEL STORES OF NEW YORK, INC., et al., Defendants. Martha M. McCOY et al., Plaintiffs, v. CARVEL CORPORATION et al., Defendants. James OSSOLA et al., Plaintiffs, v. CARVEL STORES OF NEW YORK, INC., et al., Defendants. Joseph P. PHELAN, Plaintiff, v. CARVEL STORES OF NEW YORK, INC., et al., Defendants. James P. PIERCE et al., Plaintiffs, v. CARVEL STORES OF NEW YORK, INC., et al., Defendants. Matthew SEU et al., Plaintiffs, v. CARVEL CORPORATION et al., Defendants. Paul S. GIBERMAN et al., Plaintiffs, v. CARVEL STORES OF NEW YORK, INC., et al., Defendants. Joseph PAZDRO et al., Plaintiffs, v. CARVEL STORES OF NEW YORK, INC., et al., Defendants.

United States District Court S. D. New York.

June 7, 1962.

Attorney(s) appearing for the Case

Greenfield, Rothstein, Klein & Yarnell, New York City, for plaintiffs; Sidney W. Rothstein, Jules Yarnell, Joseph L. Klein, New York City, of counsel.

Amen, Weisman & Butler, New York City, for "Carvel" defendants; Herman L. Weisman, Herbert Roth, New York City, of counsel.

Shearman & Sterling, New York City, for defendant H. P. Hood & Sons, Inc.; John A. Wilson, New York City, of counsel.

Schneider & Lichtenstein, New York City, for defendant Mohawk Container Co.; Charles Lichtenstein, New York City, of counsel.

Albert L. Wigor, New York City, for defendant Eagle Cone Corp.; Paul J. Harriton, New York City, of counsel.

William G. Mulligan, New York City, for defendant Rakestraw's Dairy Products, Inc.; Eve M. Preminger, New York City, of counsel.

DAWSON, District Judge.

I. General Nature of the Actions.

These are nine separate cases which were consolidated for trial. By consent of the parties the trial was held without a jury.

The plaintiffs in all cases are persons who are or were operators, under franchise agreements, of Carvel Dari-Freeze Stores at which "soft" ice cream was sold. Defendant Carvel Corporation and its subsidiaries issued the franchises, sold the basic equipment needed...

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