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I. HAAS TRUCKING CORP. v. NEW YORK FRUIT AUCTION CORP.

No. 73 Civ. 4046.

364 F.Supp. 868 (1973)

I. HAAS TRUCKING CORP. et al., Plaintiffs, v. NEW YORK FRUIT AUCTION CORPORATION and Auction Delivery Corporation, Defendants.

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

October 10, 1973.

Attorney(s) appearing for the Case

Slavin & Hersch, New York City, for plaintiffs; Gilbert M. Hersch, New York City, of counsel.

Cleary, Gottlieb, Steen & Hamilton, New York City, for defendants; James W. Lamberton, George Weisz, George J. Grumbach, Jr., New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

I. Haas Trucking Corp. ("Haas"), L. J.M. Service Inc. ("LJM") and Heyer Forwarding Co. ("Heyer") are small family businesses which, for nearly fifty years, have served in the wholesale fruit and vegetable business either as "Forwarders" or "Loaders" — terms which are elaborated below. New York Fruit Auction Corporation ("Auction") has been in the business of auctioning fresh fruit and produce since 1933, located...

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