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CARMAN INDUSTRIES, INC. v. WAHL

Civ. A. No. 76-512.

472 F.Supp. 877 (1976)

CARMAN INDUSTRIES, INC., Plaintiff, v. Eugene A. WAHL and Vibra Screw Feeders, Inc., Defendants.

United States District Court, D. New Jersey.

November 22, 1976.

Attorney(s) appearing for the Case

Gaccione & Pomaco by John E. Patton, Belleville, N. J., for plaintiff; Mann, Brown & McWilliams, Chicago, Ill., of counsel, Illinois Bar by Thomas F. McWilliams, and Dennis M. McWilliams, Chicago, Ill.

Kirsten, Solomon, Friedman & Cherin by Harold Friedman, Newark, N. J., for defendants; Charles J. Brown, Windham, N. Y., of counsel, New York Bar.

OPINION

MEANOR, District Judge.

In the present action, plaintiff charges the defendants with combination and conspiracy in unreasonable restraint of trade in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, and attempts to monopolize in violation of Section 2 of the Sherman Act, 15 U.S.C. § 2. Plaintiff now moves to strike an affirmative defense from defendants' answer, and for dismissal of defendants' counterclaims.

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