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AVELLA v. ALMAC'S INC.

C. Q. Nos. 1-66-1-71.

211 A.2d 665 (1965)

Serafino AVELLA v. ALMAC'S INC. Serafino AVELLA v. STOP & SHOP, INC., OF R.I. Serofino AVELLA v. The BIG G SUPERMARKETS, INC. Serafino AVELLA v. NYANZA MILLS OUTLET CO. Serafino AVELLA v. FIRST NATIONAL STORES, INC. Serafino AVELLA v. UNITED PUBLIC MARKETS, INC.

Supreme Court of Rhode Island.

June 29, 1965.

Attorney(s) appearing for the Case

Coleman B. Zimmerman, Sidney L. Rabinowitz, Martin L. Greenwald, for complainant.

Armstrong, Gibbons & Lodge, Walter F. Gibbons, Joseph G. Kinder, for Almac's Inc.

Adelson & Chernick, Joseph E. Adelson, Melvin Chernick, Sherin & Lodgen, George Lodgen (Boston, Massachusetts), for Stop & Shop, Inc., of R.I.

Alvin N. Biener, for The Big G. Supermarkets, Inc.

Waldman & Waldman, Maxwell W. Waldman, for Nyanza Mills Outlet Co.

Coffey, Ward, McGovern & Novogroski, John G. Coffey, Charles J. McGovern, for First National Stores, Inc.

Graham, Reid, Ewing & Stapleton, Robert A. Mercer, Eustace T. Pliakas, Edward J. Regan, for United Public Markets, Inc., respondents.

William C. Hillman, amicus curiae in support of complainant.

Edwards & Angell, James K. Edwards, Ronald R. Lagueux, Paul J. Choquette, Jr., amicus curiae in support of constitutionality of Unfair Sales Practices Act.

JOSLIN, Justice.

These six bills in equity are brought by the operator of an independent retail market selling food products to enjoin the respondents, each the owner and operator of two or more retail markets in this state, from advertising, offering to sell, or selling food products below cost in violation of G.L. 1956, title 6, chap. 13, commonly known as the Unfair Sales Practices Act and hereinafter referred to as the Act. The causes were consolidated for trial...

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