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NIAGARA OF BUFFALO v. NIAGARA MFG. & DISTRIB. CORP.

Civ. A. No. 6963.

161 F.Supp. 849 (1958)

NIAGARA OF BUFFALO, Inc., Plaintiff, v. NIAGARA MANUFACTURING AND DISTRIBUTING CORPORATION, Defendant.

United States District Court W. D. New York.

March 24, 1958.

Attorney(s) appearing for the Case

Borins & Snitzer, Buffalo, N. Y. (Isadore Snitzer, Buffalo, N. Y., of counsel), for plaintiff.

Jaeckle, Fleischmann, Kelly, Swart & Augspurger, Buffalo, N. Y. (John B. Walsh, Buffalo, N. Y., of counsel), for defendant.

MORGAN, District Judge.

This is a motion under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss each count of the amended complaint of plaintiff for failure to state facts sufficient to constitute a cause of action, and for failure to state a claim upon which relief can be granted.

Suit is here brought under 15 U.S. C.A. § 15 for treble damages for violation of the Anti-trust laws. Counts I, III and IV allege violation of 15...

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