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GEORGE BENZ & SONS v. TWIN CITY MILK PRODUCERS ASS'N

No. 3-68 Civ. 231.

299 F.Supp. 679 (1969)

GEORGE BENZ & SONS, a Minnesota corporation, Plaintiff, v. TWIN CITY MILK PRODUCERS ASSOCIATION, Inc., et al., Defendants.

United States District Court D. Minnesota, Third Division.

May 28, 1969.

Attorney(s) appearing for the Case

Irwin I. Zatz, Chicago, Ill., and Kelly, Segell & Fallon, by Hyam Segell, St. Paul, Minn., for plaintiff.

Sydney Berde, St. Paul, Minn., for defendants Associated Dairymen, Inc., Cloverleaf Creamery Co., Inc., Superior Dairy Fresh Milk Co., and Norris Creameries, Inc.

Comaford, Fassett, Clarkson & Lewis, by L. Glenn Fassett, Minneapolis, Minn., for defendant Franklin Creamery, Inc.

Dorsey, Marquart, Windhorst, West & Halladay, by Michael E. Bress, Minneapolis, Minn., for defendant Ewald Bros., Inc.

Oppenheimer, Hodgson, Brown, Wolff & Leach, by Harris Ravine, St. Paul, Minn., for defendant Sanitary Farm Dairies, Inc.

Cant, Haverstock, Gray, Plant & Mooty, by Robert E. Bowen, Minneapolis, Minn., for defendant Fairmont Foods, Co., Inc.

Doherty, Rumble & Butler, by Eugene M. Warlich, St. Paul, Minn., for defendants Albert Lea Cooperative Creamery Assn., and others.

Faegre & Benson, by James B. Loken, Minneaspolis, Minn., for defendant Northland Milk & Ice Cream, Co., Inc.

Gislason, Reim, Alsop & Dosland, by Donald D. Alsop, New Ulm, Minn., for defendant Five Star Dairyland Cooperative.

NEVILLE, District Judge.

This antitrust action seeks both treble damages and injunctive relief. It is brought under Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 & 2, Sections 4 and 16 of the Clayton Act, 15 U. S.C. §§ 15 and 26, and Section 608c(7) (A) of the Agricultural Marketing Agreement Act, 7 U.S.C. § 608c.

Plaintiff, Geo. Benz & Sons, is engaged in business at Norwood, Minnesota through its Oak Grove Dairy division...

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