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VORNADO, INC. v. CORNING GLASS WORKS

No. 16282.

388 F.2d 117 (1968)

VORNADO, INC., a Corporation of the State of Kansas, Appellant, v. CORNING GLASS WORKS, a Corporation of the State of New York, Isaac Lehrhoff trading as I. Lehrhoff & Co., and H. Schultz & Sons, a Corporation of the State of New Jersey.

United States Court of Appeals Third Circuit.

Decided January 19, 1968.

Attorney(s) appearing for the Case

Allen Ravin, Wilentz, Goldman & Spitzer, Perth Amboy, N. J., for appellant.

Clyde A. Szuch, Pitney, Hardin & Kipp, Newark, N. J. (R. Bruce MacWhorter, Shearman & Sterling, New York City, on the brief), for appellee, Corning Glass Works.

John Kandravy, Shanley & Fisher, Newark, N. J. (Harold H. Fisher, Newark, N. J., on the brief), for appellee, H. Schultz & Sons.

Before BIGGS, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The plaintiff-appellant, Vornado, Inc., has appealed from a judgment dismissing a complaint which alleged in substance that a resale price maintenance agreement entered into by the defendant-appellee, Corning Glass Works, with the defendant-appellees, the Lehroffs and with H. Schultz & Sons to enforce Corning's fair trade program constitutes a violation of the antitrust laws of the United States. An appeal also...

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