HAROLD FRIEDMAN INC. v. THOROFARE MARKETS

No. 78-1094.

587 F.2d 127 (1978)

HAROLD FRIEDMAN INC., Appellant, v. THOROFARE MARKETS INC. and Union Real Estate Company.

United States Court of Appeals, Third Circuit.

Decided November 13, 1978.


Attorney(s) appearing for the Case

Melvin L. Moser, Jr., Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., for appellant.

Donald E. Seymour, Kirkpatrick, Lockhart, Johnson & Hutchison, Pittsburgh, Pa., for appellee, Thorofare Markets, Inc.

David R. Levin, Pittsburgh, Pa. for appellee, Union Real Estate Co.

Before SEITZ, Chief Judge, and ADAMS and ROSENN, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

This is an appeal from a grant of summary judgment in an antitrust suit brought by the owner of a supermarket against its principal competitor and against the managing agent of a shopping center, alleging a combination by them to eliminate plaintiff from the shopping center. The district court held that the jurisdictional requirement that there be a substantial effect on interstate commerce had not been satisfied...

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