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PLUM TREE, INC. v. N. K. WINSTON CORPORATION

No. 72 Civ. 447.

351 F.Supp. 80 (1972)

The PLUM TREE, INC., Plaintiff, v. N. K. WINSTON CORPORATION et al., Defendants.

United States District Court, S. D. New York.

November 1, 1972.

Attorney(s) appearing for the Case

Forster, Tomei & Kadish, Gerald Kadish, New York City, for plaintiff; by Martin Howard Katz, of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for defendants; by Morris B. Abram, Robert S. Smith, Anthony M. Radice, New York City, of counsel.

GURFEIN, District Judge.

This is a motion to dismiss the complaint under Fed.R.Civ.P. 12(b)(1), 12 (b)(6) and 56.1 The amended complaint is in two counts. Jurisdiction is based on diversity of citizenship; and on the Sherman Act, the Clayton Act and the Robinson-Patman Act, 15 U.S.C. §§ 1, 13, 15, 22 and 28 U.S.C. § 1391. Declaratory judgment is sought under § 1391.

I

The first count alleges that the...

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