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STATE OF CAL. v. AMERICAN STORES CO.

No. 88-6467.

872 F.2d 837 (1989)

STATE OF CALIFORNIA, Plaintiff-Appellee, v. AMERICAN STORES CO.; Alpha Beta Acquisition Corp.; Lucky Stores, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided March 31, 1989.

Attorney(s) appearing for the Case

Frank Rothman, Skadden, Arps, Slate, Meagher & Flom, Los Angeles, Cal., for defendants-appellants.

H. Chester Horn, Jr., Deputy Atty. Gen., Los Angeles, Cal., for plaintiff-appellee.

Before WALLACE, POOLE and O'SCANNLAIN, Circuit Judges.

WALLACE, Circuit Judge:

American Stores Company (American Stores), one of the nation's largest grocery retailers, appeals from orders denying its motion to dismiss and granting a motion for preliminary injunction in favor of the State of California. American Stores acquired 100% of the stock of Lucky Stores, Inc. (Lucky), one of American Stores's major competitors in California. Approximately three months later, the California Attorney General initiated this antitrust...

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