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WILLIAM COHEN & SON v. ALL AMERICAN HERO, INC.

Civ. A. 87-3375(SSB).

693 F.Supp. 201 (1988)

WILLIAM COHEN & SON, INC. d.b.a. Quality Foods, Plaintiff, v. ALL AMERICAN HERO, INC., Food Distributors, Inc., Hero U.S.A., Inc. and Alfonso Perez, Assignee of All American Hero, Inc., jointly, severally and/or in the alternative, Defendants.

United States District Court, D. New Jersey.

August 16, 1988.

Attorney(s) appearing for the Case

Michael D. Sinko, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Cherry Hill, N.J., for plaintiff.

Arthur L. Pressman, Craig R. Tractenberg, Abraham, Pressman & Bauer, P.C., Philadelphia, Pa., for defendants.

OPINION

BROTMAN, District Judge:

I. INTRODUCTION

Presently before the court is defendant's motion to dismiss, pursuant to Fed.R.Civ.P. 12(b)(6), Count I of plaintiff's Complaint alleging the existence of an illegal tying arrangement in violation of the federal antitrust laws or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 56. Plaintiff has cross-moved for summary judgment alleging...

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