GEN. ANILINE & FILM CORP. v. BAYER CO., INC.


281 A.D. 668 (1952)

General Aniline & Film Corporation, Respondent, v. Bayer Company, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 16, 1952.


MEMORANDUM BY THE COURT.

The only question before us is whether there is a valid defense pleaded, one which would be a bar to the complaint. Affirmance of the order does not import, as the dissenting opinion suggests, that the consent antitrust decree may not have to be considered in connection with the enforcement of any judgment which plaintiff may recover. It is, however, not a defense to plaintiff's cause of action for breach of contract. Moreover, defendants...

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