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P. W. HUSSERL, INC. v. SIMPLICITY PATTERN CO.

191 F.Supp. 55 (1961)

P. W. HUSSERL, INC., Paul W. Husserl and Solomon Motove, doing business as Paul W. Husserl, Louis Smiles, Roy Smiles and Blanch Smiles, doing business as Smiles Stores, on behalf of themselves and all others similarly situated, Plaintiffs, v. SIMPLICITY PATTERN CO., Inc., Defendant.

United States District Court S. D. New York.

February 7, 1961.

Attorney(s) appearing for the Case

Fischer & Shilkoff, Roosevelt, N. Y., for plaintiffs; Peaslee, Brigham, Albrecht & McMahon, New York City, of counsel.

House, Grossman, Vorhaus & Hemley, New York City, for defendant; Sidney Greeman, Ira J. Goldstein, New York City, of counsel.

FREDERICK van PELT BRYAN, District Judge.

This is a private action brought pursuant to 15 U.S.C.A. § 15, in which plaintiffs, suing on behalf of themselves and all others similarly situated, seek to recover treble damages from defendant Simplicity Pattern Co., Inc., for alleged violation of Section 2(e) of the Clayton Act as amended by the Robinson-Patman Act (15 U.S.C.A. § 13(e)).

The suit stems from Federal Trade Commission v. Simplicity Pattern...

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