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DONLAN v. CARVEL

Civ. No. 11694.

193 F.Supp. 246 (1961)

Daniel L. DONLAN, Elliott A. Nirdlinger, Richard A. Young, William Koman, Samuel Seigle, general partner, on behalf of limited partnership, Carvel of Delight, Daniel Keromitis and Pauline Keromitis, his wife, and Melvin Hill v. Thomas CARVEL, Carvel Stores of New York, Inc., a corporation of the State of New York, Eagle Cone Corporation, a corporation of the State of New York, Maryland Baking Company, a Maryland corporation, et al.

United States District Court D. Maryland.

April 17, 1961.

Attorney(s) appearing for the Case

Lawrence I. Weisman and Arnold Fleischmann, Baltimore, Md., for plaintiffs.

Pariser & Pariser, New York City, and David Gerber, Burke, Gerber & Wilen, Baltimore, Md., for defendants Eagle Cone Corp. and Maryland Baking Co.

THOMSEN, Chief Judge.

Each of the plaintiffs formerly operated a retail, drive-in, soft ice cream store in Maryland, under a franchise arrangement with one or more of the several Carvel corporations, defendants herein. Plaintiffs instituted this action on October 8, 1959, against the Carvel corporations (which will be referred to collectively herein as Carvel), claiming relief upon various grounds, including violation of the Sherman and Clayton Acts.

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