JAYS FOODS, INC. v. FRITO-LAY, INC.

No. 78 C 4352.

656 F.Supp. 843 (1987)

JAYS FOODS, INC., a corporation, Plaintiff, v. FRITO-LAY, INC., a corporation, Defendant.

United States District Court, N.D. Illinois, E.D.

February 26, 1987.


Attorney(s) appearing for the Case

Anthony S. DiVincenzo, Campbell & DiVincenzo, David C. Brezina, Brezina & Buckingham, Chicago, Ill., for plaintiff.

Earl E. Pollock, Kenneth H. Hoch, Jeffrey L. Dorman, Sonnenschein Carlin Nath & Rosenthal, Chicago, Ill., for defendant.


MEMORANDUM AND ORDER

MORAN, District Judge.

On August 1, 1985, 614 F.Supp. 1073, this court granted defendant's motion for summary judgment on count I, holding that there was insufficient evidence, after full discovery, to raise a triable attempted monopolization issue. The court there did not wholly reject reliance on evidence of subjective predatory intent, if there were such, although it emphasized predatory pricing...

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