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RENTAL CAR OF N. H. v. WESTINGHOUSE ELEC. CORP.

Civ. A. No. 71-2393-M.

496 F.Supp. 373 (1980)

RENTAL CAR OF NEW HAMPSHIRE, INC., Chalet Management Company of America, Inc., Charles Le Baron, Le Baron Car Rent, Inc., Ivan Arnold Perkins, Felton Pervier and Rita Pervier, his wife, William C. Kichton and William J. Price, Individually and as Co-Partners doing business under the firm name and style of Econo-Car of Lynn, Poster Car Rental, Inc., Stephen B. Poster, and Dorothy M. Poster, on behalf of themselves and all others similarly situated, Plaintiffs, v. WESTINGHOUSE ELECTRIC CORPORATION, Econo-Car International, Inc., Americar, Inc., Distributor Auto Rentals, Inc., Franchise Realty Corp., Econo-Car Overseas, Inc., Three Ninety Nine Auto Rental of Boston, Inc., Defendants.

United States District Court, D. Massachusetts.

June 20, 1980.

Attorney(s) appearing for the Case

Harold Brown, Brown, Prifti, Leighton & Cohen, Boston, Mass., Leon J. Greenspan, Greenspan & Jaffe, White Plains, N.Y., David Berger, Warren D. Mulloy, Herbert B. Newberg, Howard L. Schambelan, David Berger, P. A., Philadelphia, Pa., for plaintiffs.

John R. Hally, Michael Liston, Nutter, McClennan & Fish, Boston, Mass., for defendants Westinghouse Elec. Corp. and Econo-Car International, Inc.

John M. Kahn, Gael Mahony, Hill & Barlow, Boston, Mass., for defendants Americar, Inc., Distributor Auto Rentals, Inc., Franchise Realty Corp., Econo-Car Overseas, Inc., and Three Ninety Nine Auto Rental of Boston, Inc.

MEMORANDUM AND ORDER

FRANK J. MURRAY, Senior District Judge.

In this antitrust action brought by certain franchisees and former franchisees of the Econo-Car auto rental chain, to vindicate alleged violations of Section 1 of the Sherman Act (15 U.S.C. § 1) and Section 3 of the Clayton Act (15 U.S.C. § 14), the plaintiffs have moved for class action certification under Fed.R.Civ.P. 23(a) and (b). The named plaintiffs include current and former franchisees...

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