ACQUAIRE v. CANADA DRY BOTTLING

No. 90-CV-4005 (JG).

906 F.Supp. 819 (1995)

Frank ACQUAIRE, et al., Plaintiffs, v. CANADA DRY BOTTLING, et al., Defendants.

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

November 6, 1995.


Attorney(s) appearing for the Case

Kenneth F. McCallion, Goodkind, Labaton, Rudoff & Sucharow, New York City, for New York Plaintiffs.

Gerald J. McMahon, New York City, for New Jersey Plaintiffs.

Peter E. Greene, Jonathan Lerner, Skadden, Arps, Slate, Meagher & Flom, New York City, for Defendants Canada Dry Bottling Company of New York, Harold Honickman, Dennis E. Berberich and Concord Beverage.

William Escobar, Kelley, Drye & Warren, New York City, Attorneys for Defendant Transervice Lease Corp.

Richard S. Atwater, Lustig & Brown, Buffalo, New York, for Defendants Ronald J. Srein and Evans, Conger, Broussard & McCrea.

Dennis P. Orr, Kenneth S. Prince, Shearman & Sterling, New York City, for Defendants Cadbury Beverages, Inc., Canada Dry U.S.A., James Smith, Schweppes U.S.A. and Cadbury Schweppes PLC.

Sidney Fox, Barry Levy, Shapiro, Shiff, Beilly, Rosenberg & Fox, New York City, for Defendants Soft Drink and Brewery Workers, Union Local 812 International Brotherhood of Teamsters and Anthony Rumore.

George B. Yankwitt, Steven Stimell, Robinson Silverman Pearce Aronsohn & Berman, New York City, Attorneys for Defendant Soft Drink and Brewery Workers, Union Local 812 Retirement Fund.

Irving Anolik, New York City, for Defendant Louis Rumore.

Laura A. Sanom, Vincent E. Reilley, McElroy, Deutsch & Mulvaney, Morristown, NJ, for Northbrook Property and Casualty Insurance Co.


MEMORANDUM AND ORDER

GLEESON, District Judge:

Plaintiffs brought this action against approximately 40 defendants, claiming violations of the Sherman, Clayton, Robinson-Patman, Lanham, and Taft-Hartley Acts, the Racketeer Influenced and Corrupt Organizations Act ("RICO"), the Employee Retirement Income Security Act ("ERISA") and various state laws of New York and New Jersey. Plaintiffs, of whom there are more than 130, are wholesale distributors of soft drink...

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