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HARLEM R. CON. COOP., INC. v. ASSOCIATED GROC. OF HARLEM, INC.

No. 70 Civ. 4128.

371 F.Supp. 701 (1974)

HARLEM RIVER CONSUMERS COOPERATIVE, INC., Plaintiff, v. ASSOCIATED GROCERS OF HARLEM, INC., et al., Defendants.

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

February 7, 1974.

Attorney(s) appearing for the Case

Cora T. Walker, New York City, for plaintiff.

Joseph Zuckerman, Rosenman, Colin, Kaye, Petschek, Freund & Emil, New York City, for defendant Retail, Wholesale & Chain Store Food Employees Union, Local 338, and Liaison Counsel for defendants.

Stanley Bierman, Unterberg, Bandler & Goldstein, New York City, for defendant Associated Food Stores, Inc.

Roberto Lebron, New York City, for defendant Fedco Foods, Inc.

Bernard J. Ferguson, Woodside, N. Y., for defendant Mid-Eastern Cooperatives.

Sanford B. Goldberg, Farber, Raucher & Goldberg, New York City, for Pioneer Food Stores, Inc.

Howard Weinreich, Guggenheimer & Untermeyer, New York City, for defendant Shopwell, Inc.

Robert Sugarman, Berger, Kramer & Levenson, New York City, for Sloan's Supermarkets, Inc.

Sol Needle, Sirota & Kurta, New York City, for Theodore Solomon, Aaron Kaufman, and Harry Rosenblum.

MEMORANDUM OPINION AND ORDER

PIERCE, District Judge.

The history of the struggle for survival waged by Harlem Consumers Cooperative, Inc. (the Co-op) is not unknown, and has not gone unheeded in this court. A few years after its founding in 1967 as a consumer-owned, community-based, cooperative supermarket, it sought and won a preliminary injunction in its antitrust action against forces hostile to it within...

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