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ABERCROMBIE v. LUM'S INC.

No. 71-602-Civ.

345 F.Supp. 387 (1972)

Jack D. ABERCROMBIE and Margaret A. Abercrombie, et al., Plaintiffs, v. LUM'S INC. et al., Defendants.

United States District Court, S. D. Florida, Miami Division.

June 14, 1972.

Attorney(s) appearing for the Case

Daniel A. Kavanaugh, Miami, Fla., Phillip D. Bostwick, Shaw, Pittman, Potts, Trowbridge & Madden, Washington, D. C., for plaintiffs.

Smith, Mandler, Smith & Parker, Miami Beach, Fla., Royal, Koegel & Wells, New York City, for defendants.

OPINION, FINDINGS AND ORDER

KING, District Judge.

This antitrust suit was brought as a class action by Jack and Margaret Abercrombie and their franchisee corporations against their franchisor, Lum's Inc., and its subsidiaries. Plaintiff seeks to represent approximately 400 past and present Lum's franchisees in a class action.

Plaintiffs claim defendants violated §§ 1 and 2 of the Sherman Act and § 3 of the Clayton Act (15 U.S.C. &...

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