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GREGORY MARKETING CORP. v. WAKEFERN FOOD CORP.

207 N.J. Super. 607 (1985)

GREGORY MARKETING CORPORATION AND DANIEL SCHER, PLAINTIFFS v. WAKEFERN FOOD CORPORATION AND APPLE MARKETING CO-OP, INC., DEFENDANTS.

Superior Court of New Jersey, Law Division Essex County.

Decided December 16, 1985.

Attorney(s) appearing for the Case

Bruce H. Nagel for plaintiffs (Meth, Nagel, Rice, Woehling & Bausch, attorneys; Bruce H. Nagel and Randee M. Matloff on the brief).

Roger B. Kaplan for defendant Wakefern Food Corporation (Wilentz, Goldman and Spitzer, attorneys; Weil, Gotshal and Manges of the New York bar of counsel)

Louis A. Ruprecht for defendant Apple Marketing Co-op, Inc. (McDermott, McGee & Ruprecht, attorneys).

VILLANUEVA, J.S.C.

Defendants move for summary judgment to dismiss one count of plaintiffs' complaint.

The issues are whether plaintiffs' complaint alleging price discrimination sets forth a cause of action under the New Jersey Antitrust Act, N.J.S.A. 56:9-3, and whether plaintiffs are barred from maintaining this action under the doctrines of res judicata and collateral estoppel, because an identical...

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