PHILIPS BUSINESS SYSTEMS v. EXECUTIVE BUSINESS SYS.

Nos. 83-CV-1221, 83-CV-1222.

570 F.Supp. 1343 (1983)

PHILIPS BUSINESS SYSTEMS, INC., Plaintiff, v. EXECUTIVE BUSINESS SYSTEMS, INC. d/b/a Executive Communication Systems, Charles McGuire and Cornelius Fitzsimons, Defendants. PHILIPS BUSINESS SYSTEMS, INC., Plaintiff, v. Don A. CARLOS, d/b/a D & S Business Systems, D & S Word Processing Systems, and Diskriter, Defendants.

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

September 15, 1983.


Attorney(s) appearing for the Case

Gifford, Woody, Palmer & Serles by John T. Morin, New York City, for plaintiff.

Emmet, Marvin & Martin by Dennis C. Fleischmann, New York City, for defendants.


DECISION AND ORDER

BRAMWELL, District Judge.

Defendants in these two antitrust actions move to dismiss the complaints pursuant to Rules 11 and 12(b)(6) of the Fed.R.Civ.Pro. as well as Section 4 of the Clayton Act, 15 U.S.C. § 15, and Section 2(f) of the Robinson-Patman Act, 15 U.S.C. § 13(f). Plaintiff sues in both cases alleging that defendants have induced and are receiving discriminatory prices in violation of foregoing antitrust statutes....

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