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NIFTY FOODS CORP. v. GREAT ATLANTIC & PAC. TEA CO.

No. 20, Docket 79-7195.

614 F.2d 832 (1980)

NIFTY FOODS CORPORATION, Plaintiff-Appellant, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. and Pet Incorporated, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 24, 1980.

Attorney(s) appearing for the Case

Philip B. Abramowitz, Buffalo, N. Y., Gross, Shuman, Brizdle, Laub & Gilfillan, Buffalo, N. Y., Douglas J. Lustig, Rochester, N. Y., Laverne, Sortino & Hanks, Rochester, N. Y., on brief, for plaintiff-appellant.

Marshall Cox, New York City (Cahill, Gordon & Reindel, New York City, Stacy J. Haigney and P. Kevin Castel, New York City, of counsel), for defendant-appellee Great Atlantic & Pacific Tea Company, Inc.

Richard W. Hulbert, New York City (Cleary, Gottlieb, Steen & Hamilton, New York City, Christopher H. Lunding and Jonathan I. Blackman, New York City, of counsel), for defendant-appellee Pet Incorporated.

Before LUMBARD, SMITH and MULLIGAN, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Western District of New York, Harold P. Burke, Judge, dismissing plaintiff's civil action based on antitrust, breach of contract, unfair competition and other claims.

This suit was prompted by a decision of the Great Atlantic & Pacific Tea Company ("A&P") to substitute Pet Incorporated ("Pet") for Nifty Foods Corporation ("Nifty") as...

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