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UNIBRAND TIRE & PRODUCT CO. v. ARMSTRONG RUBBER CO.

Civ. No. 74-500.

429 F.Supp. 470 (1977)

UNIBRAND TIRE & PRODUCT CO., INC., on behalf of itself and all others similarly situated, Plaintiff, v. The ARMSTRONG RUBBER COMPANY, Defendant.

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

April 4, 1977.

Attorney(s) appearing for the Case

Stephen R. Lamantia, Lamantia, Gelacak & Swartzbaugh, Buffalo, N. Y., for plaintiff.

Stephen H. Kelly, Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., for defendant.

MEMORANDUM and ORDER

ELFVIN, District Judge.

Plaintiff ("Unibrand") on behalf of itself and all others similarly situated1 commenced the present action against defendant ("Armstrong") as the result of the refusal by Armstrong to deal with Unibrand in the sale of off-the-road, industrial and farm tires. The Complaint was filed under Section 4 of the Clayton Act (15 U.S.C. § 15) to recover treble damages which Unibrand claims...

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