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BAGEL INN, INC. v. ALL STAR DAIRIES

Civ. A. No. 80-2645.

539 F.Supp. 107 (1982)

BAGEL INN, INC., etc., Plaintiff, v. ALL STAR DAIRIES, et al., Defendants.

United States District Court, D. New Jersey.

February 26, 1982.

Attorney(s) appearing for the Case

Organ & Strawinski by Paul V. Strawinski, Montvale, N. J., and Meredith & Cohen by Joel C. Meredith, Steven J. Greenfogel, Philadelphia, Pa., and Wolf, Popper, Ross, Wolf & Jones by Robert A. Skirnick, New York City, for plaintiff.

Wilentz, Goldman & Spitzer by Warren Wilentz, Woodbridge, N. J., and Pepper, Hamilton & Scheetz by Peter Hearn, Philadelphia, Pa., for defendant Johanna.

Saiber, Schlesinger, Satz & Goldstein by William F. Maderer, Newark, N. J., and Kaye, Scholer, Fierman, Hays & Handler by Stuart I. Friedman, Allen Kezsbom, New York City, for defendants All Star, Clinton, Cream-O-Land, Durling.

Walder, Sondak, Berkeley & Brogan by Heather G. Suarez, Newark, N. J., and Wald, Harkrader & Ross by Thomas A. Balmer, James Welch, Washington, D. C., for defendant Tuscan.

OPINION

MEANOR, District Judge.

This action was commenced on behalf of all private persons within the State of New Jersey who purchased, directly from defendants, dairy products for resale or further processing. In the complaint, filed in this court on August 15, 1980, it is alleged that defendants combined and conspired to raise, fix, and maintain prices of dairy products in New Jersey. After months of discovery, a settlement was consummated between the...

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