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CERNUTO, INC. v. UNITED CABINET CORP.

Civ. A. No. 74-1088.

448 F.Supp. 1332 (1978)

CERNUTO, INCORPORATED, a corporation, t/d/b/a C&C Builders Supply Company, Plaintiff, v. UNITED CABINET CORPORATION, a corporation, Famous Furnace & Supply Company, a corporation, and Robert L. Lappin Company, Inc., a corporation, Defendants.

United States District Court, W. D. Pennsylvania.

April 20, 1978.

Attorney(s) appearing for the Case

Litman, Litman, Harris & Specter, Pittsburgh, Pa., for plaintiff.

Kirkpatrick, Lockhart, Johnson & Hutchison, Burns & Manley, Pittsburgh, Pa., Roemisch & Wright, Cleveland, Ohio, for defendants.

MEMORANDUM OPINION

COHILL, District Judge.

Plaintiff, Cernuto, Inc. (C&C) instituted this action asserting a violation of § 1 of the Sherman Act, 15 U.S.C. § 1 (1970), which declares illegal every contract, combination or conspiracy in restraint of trade. In addition, invoking this court's pendent jurisdiction, C&C set forth five counts predicated on its alleged contract rights and a count based on unfair trade practices.

Defendants...

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