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ST. MARIE & SON, INC. v. HARTZ MOUNTAIN CORP.

No. 4-75-Civ-638.

414 F.Supp. 71 (1976)

ST. MARIE AND SON, INC., a Minnesota corporation, Plaintiff, v. HARTZ MOUNTAIN CORPORATION, a New Jersey corporation, et al., Defendants.

United States District Court, D. Minnesota, Fourth Division.

June 3, 1976.

Attorney(s) appearing for the Case

Paul D. Tierney, Minneapolis, Minn., Alex S. Kosa, Kosa & Zilz, Hudson, Wis., and John V. Norton, Norton, Jergens, Hebert & Cass, Stillwater, Minn., for plaintiff.

Eugene M. Warlich and James E. Schatz, Doherty, Rumble & Butler, St. Paul, Minn., for defendant Hartz Mountain Corp.

Thomas C. Bartsh, Minneapolis, Minn., for defendant Sabin Segal.

DEVITT, Chief Judge.

In this lawsuit brought under federal and state antitrust laws, two motions are presently pending: Defendant Hartz Mountain Corporation moves pursuant to Federal Rule of Civil Procedure 12(c) for judgment on the pleadings as to its counterclaim, and Sabin Segal moves for his dismissal as a defendant under Federal Rule of Civil Procedure 12(b)(6) on the ground that the complaint fails to state a claim against him upon which relief can be granted...

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