THE SAMPLE INC. v. PENDLETON WOOLEN MILLS, INC.

No. 86 CIV. 2230(LBS).

704 F.Supp. 498 (1989)

THE SAMPLE INC., Plaintiff, v. PENDLETON WOOLEN MILLS, INC., Defendant.

United States District Court, S.D. New York.

January 23, 1989.


Attorney(s) appearing for the Case

Wisehart & Koch, New York City (Arthur M. Wisehart, Paula C. Rowe, Kirk L. Bigelow, Dennis O'Neil Cowling, of counsel), for plaintiff.

Schnader, Harrison, Segal & Lewis, New York City (Barry Simon, of counsel), Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland, Or. (Wayne Hilliard, Marianne Schimelfenig, of counsel), for defendant.


OPINION

SAND, District Judge.

Plaintiff The Sample Inc. ("The Sample"), a retailer of men's and women's apparel with stores in upper New York State, sued Pendleton Woolen Mills, Inc. ("Pendleton"), a manufacturer of woolen clothing and goods, alleging violations of 15 U.S.C. §§ 1 and 2 ("Sherman Act"), N.Y.Gen. Bus.Law § 340 (McKinney 1988) ("Donnelly Act"), and common law fraud. The case is before this Court now on defendant's motions for...

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