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SNOW CREST BEVERAGES v. RECIPE FOODS

Civ. A. No. 55-770.

147 F.Supp. 907 (1956)

SNOW CREST BEVERAGES, Inc., et al. v. RECIPE FOODS, Inc.

United States District Court D. Massachusetts.

As Corrected December 26, 1956.

Attorney(s) appearing for the Case

James D. St. Clair, Hale & Dorr, A. Morris Kobrick, Mintz, Levin & Cohn, Boston, Mass., for plaintiff.

Robert W. Meserve, John R. Hally, Nutter, McClennen & Fish, Boston, Mass., for defendant.

WYZANSKI, District Judge.

Under Rule 56(b), Fed.Rules Civ. Proc., 28 U.S.C.A. defendant moves for summary judgment on the claim of plaintiff, Polar Cola of America, Inc. (not the claim of Snow Crest Beverages, Inc.), on the ground that the complaint does not show that it is a "person injured in his business or property" within § 4 of the Clayton Act, 15 U.S.C.A. § 15.

The complaint is in two parts, part one being the statement of Snow Crest Beverages...

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