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MELAMED v. ITT CONTINENTAL BAKING CO.

No. 78-3181.

592 F.2d 290 (1979)

Maynard B. MELAMED, Trustee in Bankruptcy for Laub Baking Company, for Sandusky Baking Company, and for Jersey Bread Company, Plaintiff-Appellee, v. ITT CONTINENTAL BAKING COMPANY, a corporation, and International Telephone and Telegraph Corporation, a Corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided January 24, 1979.

Attorney(s) appearing for the Case

Eric M. Oakley, Squire, Sanders & Dempsey, Cleveland, Ohio, John H. Schafer, III, Charles Lister, S. William Livingston, Jr., Covington & Burling, Margaret E. Clark, Washington, D. C., Gordon A. Thomas, Craig D. Walley, ITT Continental Baking Co., Inc., Rye, N. Y., for defendants-appellants.

Robert S. Balantzow, Nadler, Sokolsky, Bahas & Balantzow, Cleveland, Ohio, Stanley A. Walton, III, Winston & Strawn, Logan T. Johnston, III, Chicago, Ill., for plaintiff-appellee.

Before EDWARDS, Chief Judge, and PHILLIPS and PECK, Senior Circuit Judges.

EDWARDS, Chief Judge.

This is the second appeal in this antitrust litigation and to date (nearly four years after the filing of the complaint) not only has no trial on the merits of the antitrust action occurred, but, in addition, only limited discovery proceedings have been started.

What we deal with now is a second appeal from another order of another District Judge, entered after full evidentiary hearing, again denying the motion filed by defendant-appellant...

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