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HAROLD FRIEDMAN, INC. v. KROGER CO.

No. 77-2223.

581 F.2d 1068 (1978)

HAROLD FRIEDMAN, INC., Appellant, v. KROGER COMPANY.

United States Court of Appeals, Third Circuit.

Decided June 26, 1978.

Attorney(s) appearing for the Case

Clayton A. Sweeney, Bruce A. Americus, of Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for appellant.

Roger C. Wiegand, of Reed Smith Shaw & McClay, Pittsburgh, Pa., for appellee.

Before SEITZ, Chief Judge, and VAN DUSEN and ROSENN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal from an order granting defendant's motion for summary judgment in a case brought under §§ 1 and 2 of the Sherman Act. We affirm.

I.

The record establishes the following facts. The plaintiff, Harold Friedman, Inc. (hereinafter Friedman), is a franchisee of Foodland, Inc., a national grocery store chain. Prior to the actions complained of, Friedman operated four Foodland...

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