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PROSPECT DAIRY, INC. v. DELLWOOD DAIRY CO.

Civ. No. 9662.

237 F.Supp. 176 (1964)

PROSPECT DAIRY, INC., Plaintiff, v. DELLWOOD DAIRY CO., Inc., Tilly Foster, Inc., Emmadine Farms Corp., Dutcher's Dairy, Inc., Kuritzky's Dairy, Inc., John J. Foley, Fred A. Conrad, as President and John A. Manchester, as Treasurer of Milk Drivers and Dairy Employees Union, Local No. 338, Affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Patrick J. Hart and Luke Kennedy, Defendants.

United States District Court N. D. New York.

July 29, 1964.

Attorney(s) appearing for the Case

John P. Weatherwax, Troy N. Y., James M. Strang, Troy, N. Y., of counsel, for plaintiff.

Hays, Sklar & Herzberg, New York City, Howard A. Heffron, Frederick F. Greenman, Jr., New York City, of counsel, for defendants Dellwood Dairy Co., Inc. and Tilly Foster, Inc.

Sturm & Perl, New York City, Abraham Fishbein, New York City, of counsel, for defendants Emmadine Farms Corp. and Kuritzky's Dairy, Inc.

Louis Schachter, New York City, for defendant Dutcher's Dairy, Inc.

Cohen & Weiss, New York City, Bruce H. Simon, New York City, of counsel, for defendants Fred A. Conrad, as President and John A. Manchester, as Treasurer of Milk Drivers and Dairy Employees Union, Local No. 338, etc., Patrick J. Hart and Luke Kennedy.

O'Donnell & Condon, Yonkers, N. Y., for defendant John J. Foley.

JAMES T. FOLEY, Chief Judge.

This motion to remand presents more than the usual complexity found in such problems. The difficulty arises because the dispute involves milk interests, a labor organization and its representatives, and is based upon charges of conspiracy to monopolize and restrain trade by an alleged combination of employers and union representatives in the use of illegal and coercive pressures. The complaint, filed originally in the Supreme Court of...

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