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  5. 33 F.Supp.2d 229 (1999)
 

LOCATOR OF MISSING HEIRS, INC. v. KMART CORP.

No. 96-CV-285C(H).

33 F.Supp.2d 229 (1999)

LOCATOR OF MISSING HEIRS, INC., Plaintiff, v. KMART CORPORATION, Defendant.

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

January 5, 1999.

Attorney(s) appearing for the Case

Falk & Siemer, LLP (Donald G. McGrath, of Counsel), Buffalo, New York, for Plaintiff.

Cohen & Lombardo, P.C. (Douglas S. Cream, of Counsel), Buffalo, New York, for Defendant.

DECISION and ORDER

CURTIN, District Judge.

Before this court is plaintiff's motion for summary judgment pursuant to Fed.R.Civ.P. 56. (Item 19). Defendant cross-moves for summary judgment, seeking dismissal of plaintiff's complaint and the damages requested in its counterclaim (Item 21).

Background

This case arises from a class action antitrust suit in the Northern District of Florida entitled In Re: Infant Formula Class Action...

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