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TAXIN v. FOOD FAIR STORES, INC.

No. 13218.

287 F.2d 448 (1961)

John TAXIN and Bernard Taxin, trading as John Taxin Co., Appellants, v. FOOD FAIR STORES, INC., Samuel P. Mandell Co., Inc., World Wide Produce Co., Inc., Mandell Distributing Co., Inc., M. G. S. Marketing Co., Inc., M. G. S. Tomato Distributors, Inc., Israel Klein Co., Inc., Klein Packing Co., Inc., Imperial Vegetable Co., Inc., Garden Fresh Vegetable Packing Co., Inc., Twin Packing Co., Inc., Delaware Valley Fruit Distributing Co., Inc., J. & B. Produce Co., Inc., Samuel P. Mandell, Arthur Rosenberg, Louis Stein, Myer Marcus, George Friedland and Samuel Friedland, Appellees.

United States Court of Appeals Third Circuit.

Decided February 20, 1961.

Rehearing Denied March 14, 1961.

Attorney(s) appearing for the Case

Lester J. Schaffer, Philadelphia, Pa. for appellants.

Harold E. Kohn, Philadelphia, Pa. (Aaron M. Fine, Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN, HASTIE, and FORMAN, Circuit Judges.

HASTIE, Circuit Judge.

In this civil antitrust suit the appellants, John and Bernard Taxin, who are wholesale distributors of fruit and produce in the Philadelphia area, have charged numerous defendants with conspiracy to restrain and monopolize interstate commerce in fruit and produce. One group of defendants, associated with defendant Food Fair Stores, Inc., will be called Food Fair or the Food Fair defendants. The second group, the appellees here, associated with...

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