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DETROIT CITY DAIRY, INC. v. KOWALSKI SAUSAGE CO., INC.

Civ. A. No. 37895.

393 F.Supp. 453 (1975)

DETROIT CITY DAIRY, INC., a Michigan Corporation, Plaintiff, v. KOWALSKI SAUSAGE CO., INC., a Michigan Corporation, Defendant.

United States District Court, E. D. Michigan, S. D.

March 19, 1975.

Attorney(s) appearing for the Case

Barris, Sott, Denn & Driker, By Eugene Driker and Michael T. McLoughlin, Detroit, Mich., for plaintiff.

Cross, Wrock, Miller & Vieson, By W. Robert Chandler & Andrew A. Paterson, Jr., Detroit, Mich., for defendant.

OPINION

RALPH M. FREEMAN, District Judge.

The plaintiff, Detroit City Dairy, Inc. (DCD), commenced this suit against the Kowalski Sausage Company, Inc. (Kowalski) contending that Kowalski had violated § 1 of the Sherman Antitrust Act (15 U.S.C. § 1) and § 3 of the Clayton Antitrust Act (15 U.S.C. § 14) by engaging in an illegal tying arrangement with certain of its retailers. The issue of liability was tried before the court sitting without...

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