SILVERCUP BAKERS, INC. v. FINK BAKING CORP.

No. 67 Civ. 421.

273 F.Supp. 159 (1967)

SILVERCUP BAKERS, INC., Plaintiff, v. FINK BAKING CORP., et al., Defendants.

United States District Court S. D. New York.

September 15, 1967.


Attorney(s) appearing for the Case

Charles H. Kellert, Goldstein, Judd & Gurfein, New York City, for plaintiff.

Bruce Simon, Cohen & Weiss, New York City, for Bakery Drivers Union Local 802, etc.


FRANKEL, District Judge.

This is a motion by a labor union and its officers to stay or dismiss a private antitrust suit on the ground that the controversy must be referred to an arbitrator. The movants are joined as defendants in the action with nine baking companies; all are charged with conspiring to eliminate the plaintiff as a competitor in the sale of bread and other baked goods to the restaurant and institutional trade. The union's role is alleged to have included...

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