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DAYTON SUPERIOR CORP. v. SPA STEEL PRODUCTS, INC.

No. 1:08-CV-1312 (FJS/RFT).

DAYTON SUPERIOR CORP., Plaintiff, v. SPA STEEL PRODUCTS, INC., Defendant.

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

January 13, 2012.

Attorney(s) appearing for the Case

THOMAS J. COLLIN, ESQ. , JENNIFER S. ROACH, ESQ. , THOMPSON HINE, LLP, Cleveland, Ohio, Attorneys for Plaintiff.

PAUL R. BRAUNSDORF, ESQ. , HARRIS BEACH, PLLC, Pittsford, New York, Attorneys for Plaintiff.

ROBERT L. KATZMAN, ESQ. , KATZMAN LAW FIRM PLLC, Saratoga Springs, New York, Attorneys for Defendant.

NICOLE R. RODGERS, ESQ. , DEGRAFF, FOY & KUNZ, LLP, Saratoga Springs, New York, Attorneys for Defendant.

MEMORANDUM-DECISION AND ORDER

FREDERICK J. SCULLIN, Senior District Judge.

I. INTRODUCTION

Currently before the Court is Plaintiff's motion to dismiss Defendant's first and third amended counterclaims against it for antitrust violations under the Robinson-Patman Act and breaches of the implied warranties of merchantability and fitness for a particular purpose for defective products.

II. BACKGROUND

Plaintiff Dayton Superior Corporation...

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