BURLINGTON COAT FACTORY WAREHOUSE CORPORATION, Plaintiff-Appellant,
v.
ESPRIT DE CORP. and Federated Department Stores, Inc., Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued March 27, 1985.
Decided August 6, 1985.
Attorney(s) appearing for the Case
Herbert S. Kassner, New York City (Stacy J. Haigney, Denise M. Cossu, Kassner, Haigney & Thompson, New York City, of counsel), for plaintiff-appellant.
Murray H. Bring, Washington, D.C. (G. Duane Vieth, John Kronstadt, Mark R. Merley, Arnold & Porter, Washington, D.C., Lois D. Thompson, Proskauer Rose Goetz & Mendelsohn, New York City, Thomas G. Cody, Sr. Vice President, Boris Auerbach, Vice President, Federated Dept. Stores, Inc., of counsel), for defendant-appellee Federated Dept. Stores, Inc.
Fredric W. Yerman, New York City (Richard A. De Sevo, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for defendant-appellee Esprit De Corp.
Before FEINBERG, Chief Judge, and OAKES and WINTER, Circuit Judges.
United States Court of Appeals, Second Circuit.
WINTER, Circuit Judge:
Burlington Coat Factory Warehouse Corporation ("Burlington") appeals from Judge Duffy's grant of summary judgment. 597 F.Supp. 1199 (S.D.N.Y.1984). Burlington claims that Federated Department Stores, Inc. ("Federated") conspired with Esprit De Corp. ("Esprit") to fix resale prices in violation of § 1 of the Sherman Act, 15 U.S.C. § 1 (1982). Burlington also claims that pursuant to this conspiracy...
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