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IDEAL DAIRY FARMS, INC. v. JOHN LABATT, LTD.

No. 95-5435.

90 F.3d 737 (1996)

IDEAL DAIRY FARMS, INC., Appellant, v. JOHN LABATT, LTD.; John Labatt, Inc.; Tuscan Dairy Farms, Inc.; Johanna Dairies Incorporated; Robert Facchina; ABC Companies, 1 Through X (Fictitious Names of Labatt Affiliates That Actively Participated In The Monopolistic Practices Described Below, But Whose Identities are Presently Unknown); John Does, 1 Through X (Fictitious Names of Officers and/or Directors of The Corporate Defendants Who Actively Participated In The Decision-Making Regarding The Monopolistic Practices Described Below, But Whose Identities Are Presently Unknown); Elmhurst Milk & Cream Company, Inc.; Local 584, International Brotherhood Of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO; Honeywell Farms, Inc., t/a Elmhurst Dairy. TUSCAN DAIRY FARMS, INC., Defendant/Third-Party Plaintiff, v. IDEAL DAIRY FARMS, INC.; Gilbert Levine; Mark Greenberg, Third-Party Defendants.

United States Court of Appeals, Third Circuit.

Decided July 24, 1996.

Attorney(s) appearing for the Case

Sheldon A. Weiss (argued), Millburn, NJ, Steven Pasternak, Pasternak, Feldman & Plutnick, Livingston, NJ, for Appellant.

Thomas H. Moreland (argued), Lawrence E. Jacobs, Kramer, Levin, Naftalis, Nessen, Kamin & Frankel, New York City, for Appellee Tuscan Dairy Farms.

Frederick L. Whitmer, Pitney, Hardin, Kipp & Szuch, Morristown, NJ, for Appellees John Labatt, Ltd.; John Labatt, Inc.; Johanna Dairies, Incorporated and Robert Facchina.

Before: SCIRICA and ROTH, Circuit Judges and GODBOLD, Circuit Judge.

OPINION OF THE COURT

ROTH, Circuit Judge:

The litigation giving rise to this appeal began when a locally owned dairy in Northern New Jersey sued a large Canadian corporation, its affiliates, and several New Jersey dairies purchased by the corporation in the 1980s. The plaintiff, Ideal Dairy Farms, Inc. ("Ideal"), filed a complaint that raised breach of contract, tort, fraud, RICO, and antitrust claims. One of the defendants, Tuscan Dairy Farms ("Tuscan"...

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