No. 20, Docket 80-9053.

683 F.2d 27 (1982)

SHOP & SAVE FOOD MARKETS, INC., Plaintiff-Appellant, v. PNEUMO CORPORATION, Abbott Realty Company, and P & C Food Markets, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 20, 1982.

On Rehearing July 2, 1982.

Attorney(s) appearing for the Case

John L. Primmer, St. Johnsbury, Vt., Robert D. Rachlin, Downs, Rachlin & Martin, St. Johnsbury, Vt., of counsel, for plaintiff-appellant.

Leslie W. Jacobs, Cleveland, Ohio, Charles L. Freed, Thompson, Hine & Flory, Cleveland, Ohio, Joseph E. Frank, Paul, Frank & Collins, Inc., Burlington, Vt., Francis D. Price, Jr., Syracuse, N. Y., of counsel, for defendants-appellees.

William F. Baxter, Asst. Atty. Gen., Robert B. Nicholson, George Edelstein, Dept. of Justice, Washington, D. C., of counsel, for amicus curiae United States.

Before FEINBERG, Chief Judge, MESKILL, Circuit Judge, and PALMIERI, District Judge.

MESKILL, Circuit Judge:

Rehearing has been granted. The opinion filed on January 20, 1982, slip op. 883, is withdrawn and the following is substituted therefor.

Shop & Save Food Markets, Inc. (Shop & Save) appeals from a judgment of the United States District Court for the District of Vermont, Albert W. Coffrin, Judge, granting summary judgment for defendants Pneumo Corporation (Pneumo), Abbott Realty Company (Abbott) and P & C Food Markets...

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