STATE WHOLESALE GROCERS v. GREAT ATLANTIC & P. TEA CO.

No. 56 C 418.

154 F.Supp. 471 (1957)

STATE WHOLESALE GROCERS, a corporation; Zeigmund Wholesale Grocery Co., Inc., a corporation; Ralph C. Berg, d/b/a Berg's Food Store; Leo Bernard, d/b/a Leo's Food Mart; Bernard Bruski, d/b/a United Meat Market; Eph Goldstein, d/b/a Goldstein's Progressive Foods; Earl Larson and Warren Larson, co-partners, d/b/a Franklin Grocery and Market; Jack Levin and Harvey Berebitsky, co-partners, d/b/a Harvey's Supermart; O. V. Makela, d/b/a Makela's Food Store; John L. Maleviti's, d/b/a Fruitland Foods; Jack E. Markus, d/b/a Alliance Meat Shop; Carmen Mastri, d/b/a Cicero Lake Food Mart; Steven J. Minarik, d/b/a Norward Park I.G.A.; Henry E. Muir and Hugh A. Muir, co-partners, d/b/a Fifth Avenue Food Mart; Stanley Piekarz, d/b/a Steven's Certified Super Marts; Anthony Racz, d/b/a Save-Way Food Mart; Edw. J. Schuetz, d/b/a Schuetz's I.G.A. Super-Marts; Joseph D. Stone, d/b/a Clover Food Mart; Robert M. Wagner and Elizabeth Wagner, co-partners, d/b/a Wagner Grocery and Market; Atlas Market Company, a corporation; Dominicks Finer Foods, Inc., a corporation; Carl A. Schletz, Inc., a corporation, Plaintiffs, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, a corporation; Woman's Day, Inc., a corporation; General Foods Corporation, a corporation; Hunt Foods, Inc., a corporation; Morton Salt Company, a corporation, Defendants.

United States District Court N. D. Illinois, E. D.

July 25, 1957.


Attorney(s) appearing for the Case

Marks, Marks & Kaplan, Libit, Lindauer & Henry, Chicago, Ill., for plaintiffs.

Hopkins, Sutter, Owen, Mulroy & Wentz, Miller, Gorham, Wescott & Adams, McBride & Baker, Chicago, Ill., Cahill, Gordon, Reindel & Ohl, New York City, for defendants.


CAMPBELL, District Judge.

This is a private action for treble damages and injunctive relief brought under Sections 4 and 16 of the Clayton Act.1 Plaintiffs are twenty retail and two wholesale grocers located in the Chicago Metropolitan Area who bring this action on behalf of themselves and all retail and wholesale grocers similarly situated as an alleged class suit under Rule 23(a) (3) of the Federal Rules of Civil Procedure, 28 U.S.C...

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