ATKIN v. UNION PROCESSING CORP.


59 N.Y.2d 919 (1983)

Morris Atkin et al., Respondents, v. Union Processing Corporation, Appellant, et al., Defendants. (And Another Action.)

Court of Appeals of the State of New York.

Decided June 28, 1983.


Attorney(s) appearing for the Case

William D. Eggers, Domenick L. Gabrielli and Frank H. Penski for appellant.

James M. Hartman and Paul J. Yesawich, III, for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur; Judge SIMONS taking no part.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice REID S. MOULE (90 A.D.2d 332). Additionally we observe that there is no evidentiary support in the record for any finding that the scrap metals/raw materials market (as distinguished from the shredded scrap/products market) was limited to the Rochester area to...

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