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MARGROVE, INC. v. UPSTATE COOP.

79 Misc.2d 309 (1974)

Margrove Incorporated et al., Plaintiffs, v. Upstate Milk Cooperative, Inc., et al., Defendants.

Supreme Court, Monroe County.

July 3, 1974

Attorney(s) appearing for the Case

Wegman, Mayberry, Burgess, Feldstein & Speranza (Richard S. Mayberry of counsel), for Wegman's Food Markets, Inc., defendant. Carroll, Carroll & Butz (John B. Carroll of counsel), for plaintiffs.

JAMES H. BOOMER, J.

The defendant Wegman's Food Markets, Inc. moves to dismiss the complaint against it for failure to state a cause of action. Plaintiffs brought this action under the Donnelly Act (General Business Law, art. 22), alleging that the defendant Upstate Milk Cooperative, Inc. established and maintained a monopoly position in a 10-county area in the sale of raw milk and the resale of pasteurized...

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