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BUSINESS FOODS SERVICE v. FOOD CONCEPTS CORP.

No. 80 Civ. 0352.

533 F.Supp. 992 (1982)

BUSINESS FOODS SERVICE, INC., Plaintiff, v. FOOD CONCEPTS CORP. and Freshway Food Systems, Inc., Defendants.

United States District Court, E. D. New York.

February 17, 1982.

Attorney(s) appearing for the Case

Richard B. Kelly, Fisher, Kelly, Wassner & Fallon, New York City, for plaintiff.

Clement Segal, Segal, Liling & Erlitz, New York City, for defendants.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

The parties to this antitrust action compete in the employee or commissary catering business in the States of New York and New Jersey. They supply their respective customers with daily deliveries of a wide variety of food, except for items such as milk, eggs and bread, and they do almost no on-premises cooking. In the overall cafeteria service industry, commissary catering lies somewhere between vending machines...

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