UNITED STATES v. DANILOW PASTRY CO., INC.

No. 82 CR. 415 (DNE).

563 F.Supp. 1159 (1983)

UNITED STATES of America v. DANILOW PASTRY CO., INC., Dan-San Pastry Shop, Inc., d/b/a Broadway Pastry Shop, R.K. Baking Corp., Acme Cake Co., Inc., Mrs. Mac's Baking Co., Inc., Temtee Donuts, Inc., Ernst Oestreicher, Irving Sanders, Seymour Rappaport, William F. Wenzel, Robert F. McKenna, John F. McKenna, Defendants.

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

May 3, 1983.


Attorney(s) appearing for the Case

Rebecca Meiklejohn, Atty., Antitrust Div., U.S. Dept. of Justice, Washington, D.C. (William F. Baxter, Asst. Atty. Gen., Washington, D.C., of counsel), for plaintiff.

Charles Stillman, Stillman, Friedman & Shaw, P.C., New York City, of counsel, for defendants Danilow Pastry Co., Inc. and Ernst Ostreicher.

Frank Wright and Gregg Young, Grand & Ostrow, New York City, of counsel, for defendants Dansan Pastry Shop, Inc. and Irving Sanders.

Richard Cooper, Austrian, Lance & Stewart, New York City, of counsel, for defendant Temtee Donuts, Inc.

Seymour Waldman, Vladeck, Waldman, Elias & Engelhard, P.C., New York City, of counsel, for defendant R.K. Baking Corp.

James Druker, Kase & Druker, New York City, of counsel, for defendant Seymour Rappaport.

John Sheehy, Rogers & Wells, New York City, of counsel, for defendants Acme Cake Co., Inc. and William Wenzel.

Frank Careri Jr., Nolan, Bell & Moore, Newark, N.J., of counsel, for defendants John F. McKenna and Mrs. Mac's Baking Co. Inc.

John Mulvihill, Nolan, Bell & Moore, Newark, N.J., of counsel, for defendant Robert F. McKenna.


MEMORANDUM OPINION AND ORDER

EDELSTEIN, District Judge:

The issue at bar is the propriety of sentences imposed by this court on January 31, 1983 against six corporations engaged in baking pastry for wholesale distribution, which were sentenced together with six individual defendants. The court ordered each of the corporations to pay a fine and to donate a certain amount of fresh baked goods to needy organizations that were to be specified by the court.<...

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