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BAIM & BLANK v. ADMIRAL CORPORATION

132 F.Supp. 412 (1955)

BAIM & BLANK, Inc. and Apartment House Supply Co. (doing business as Brick Church Appliance Co.), suing for themselves and all others similarly situated, Plaintiffs, v. ADMIRAL CORPORATION, Admiral Corporation New York Distributing Division, Inc. and Admiral Corporation of New Jersey, Defendants.

United States District Court S. D. New York.

June 29, 1955.

Attorney(s) appearing for the Case

Malkan & Ellner, New York City, for plaintiffs.

O'Brien, Driscoll & Raftery, George A. Raftery, New York City, William D. Friedmann, Flushing, N. Y., of counsel, for defendants.

WEINFELD, District Judge.

In this suit for treble damages and injunctive relief based upon alleged violations of the Robinson-Patman and the Sherman Acts1 the defendants attack the complaint upon a variety of grounds. In view of the conclusion I have reached it is unnecessary to consider them all, although some are clearly lacking in merit.

An essential element of a complaint in an action brought under the anti-trust laws is an...

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