E Z SOCKETS, INC. v. BRIGHTON-BEST SOCKET SCREW MFG., INC.


307 N.J. Super. 438 (1997)

E Z SOCKETS, INC., PLAINTIFF/APPELLANT, v. BRIGHTON-BEST SOCKET SCREW MFG., INC., PERRY ROSENSTEIN AND LAKSHMI PRECISION SCREWS LTD., DEFENDANTS/RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 1997.


Attorney(s) appearing for the Case

Melvin Greenberg argued the cause for appellant (Greenberg Dauber & Epstein, attorneys; Mr. Greenberg and Jeffrey S. Berkowitz, on the brief).

Douglas S. Eakley argued the cause for respondents (Lowenstein, Sandler, Kohl, Fisher & Boylan, attorneys; Mr. Eakley, of counsel and on the brief; Lauren M. Hollender, on the brief).

Before Judges PRESSLER, CONLEY and WALLACE.


PER CURIAM.

Plaintiff filed a complaint against defendants alleging antitrust violations and tortious interference with plaintiff's prospective economic benefit. The motion judge granted defendants' motion for summary judgment, holding that while plaintiff had alleged a vertical restraint of trade, it had failed to prove by the "rule of reason" test or by the "per se" violation test, that defendants' conduct constituted a vertical price-fixing agreement. Further,...

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