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FABRICATION ENTERPRISES, INC. v. HYGENIC CORP.

No. 93 Civ. 6574 (CLB).

848 F.Supp. 1156 (1994)

FABRICATION ENTERPRISES, INC., Plaintiff, v. The HYGENIC CORPORATION, Defendant.

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

April 14, 1994.

Attorney(s) appearing for the Case

Thomas W. Maroney, Maroney, Ponzini & Spencer, Tarrytown, NY, for plaintiff.

Robert M. Gippin, Buckingham, Doolittle & Burroughs, Akron, OH, R. Goodman, Kurzman & Eisenberg, White Plains, NY, for defendant.

MEMORANDUM & ORDER

BRIEANT, District Judge.

In this litigation between plaintiff Fabrication Enterprises, Inc. ("Fabrication"), a distributor of color coded resistive exercise bands used in the rehabilitation and health care field, and defendant The Hygenic Corporation ("Hygenic"), a manufacturer of those bands, Fabrication has asserted an antitrust claim alleging that Hygenic has violated § 2 of the Sherman Act (15 U.S.C. § 2), which...

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