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IDEAL DAIRY v. FARMLAND DAIRY

282 N.J. Super. 140 (1995)

659 A.2d 904

IDEAL DAIRY FARMS, INC., PLAINTIFF-RESPONDENT, CROSS-APPELLANT, v. FARMLAND DAIRY FARMS, INC., A CORPORATION, DEFENDANT-APPELLANT, CROSS-RESPONDENT, AND JACOB GOLDMAN; MARK GOLDMAN; LOTZ BENCHESTER FARMS, INC.; SUNNYBROOK FARMS, INC., A/K/A HOHNECKER DAIRY; V. PUZINO [AUREK DAIRY PRODUCTS]; DON'S DAIRY PRODUCTS A/K/A STAAL'S; AND XYZ, BEING INDIVIDUALS, CORPORATIONS AND PARTNERSHIPS, PRESENTLY UNKNOWN, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 1995.

Attorney(s) appearing for the Case

Stuart I. Friedman argued the cause for appellant Farmland Dairies (McCarter & English, and Friedman, Wittenstein & Hochman attorneys; John L. McGoldrick, of counsel and on the brief; Richard M. Eittreim, and Andrew A. Wittenstein, of counsel).

Clark E. Alpert argued the cause for respondent (Alpert & Raice, attorneys; Mr. Alpert, of counsel; Mr. Alpert, David N. Butler, Robert J. Greenbaum and M. Nancy Flanagan, on the brief).

Before Judges KING, MUIR, Jr. and D'ANNUNZIO.

The opinion of the court was delivered by KING, P.J.A.D.

I

This case involves claims under both the New Jersey Antitrust Act, for a conspiracy in restraint of trade, and the common law, for tortious interference with prospective economic advantage, based on alleged predatory pricing. Plaintiff Ideal Dairy Farms, Inc. (Ideal), prevailed at trial and recovered seven-figure damages under both theories against defendant Farmland Dairy Farms, Inc. (Farmland)...

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