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SUSSER v. CARVEL CORPORATION

332 F.2d 505 (1964)

Bernard SUSSER et al., Plaintiffs-Appellants, v. CARVEL CORPORATION, Carvel Dari-Freeze Stores, Inc., Carvel Stores Realty Corporation, et al., Defendants-Appellees, And Eight Other Cases.

United States Court of Appeals Second Circuit.

Decided May 8, 1964.

Attorney(s) appearing for the Case

Sidney W. Rothstein, New York City (Joseph L. Klein, Greenfield, Rothstein & Klein, New York City, on the brief), for plaintiffs-appellants Bernard Susser, et al.

Herman L. Weisman, New York City (Herbert F. Roth, Amen, Weisman & Butler, New York City, on the brief), for defendants-appellees Carvel, et al.

William G. Mulligan, New York City, for defendant-appellee Rakestraw's Dairy Products.

John A. Wilson, New York City (Willard M. L. Robinson, Shearman & Sterling, New York City, on the brief), for defendant-appellee H. P. Hood & Sons, Inc.

Irving L. Weinberger, New York City (Albert L. Wigor, New York City, on the brief), for defendant-appellee Eagle Cone Corp.

Before LUMBARD, Chief Judge, and MEDINA and FRIENDLY, Circuit Judges.

LUMBARD, Chief Judge (writing for the majority in part and dissenting in part).

The plaintiffs in nine actions which were tried together in the Southern District of New York appeal from the dismissal of their complaints which alleged violations of the antitrust laws and sought treble damages from the Carvel Corporation, a New York corporation which manufactures dairy and primarily soft ice cream products, its subsidiary organizations, certain of its individual officers...

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