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GERBER PRODUCTS COMPANY v. BEECH-NUT LIFE SAVERS

160 F.Supp. 916 (1958)

GERBER PRODUCTS COMPANY, Plaintiff, v. BEECH-NUT LIFE SAVERS, Inc., Defendant.

United States District Court S. D. New York.

April 23, 1958.

Attorney(s) appearing for the Case

Gilbert H. Weil, New York City, Melville Ehrlich, Washington, D. C., for plaintiff, Milton Handler, Alfred T. Lee, Stanley D. Robinson, Joshua F. Greenberg, New York City, of counsel.

Rogers, Hoge & Hills, New York City, for defendant, George S. Hills, Andrew J. Graham, Charles Donald Mohr, Mercer L. Stockell, William L. McGuire, William H. Ball, Jr., New York City, of counsel.

WEINFELD, District Judge.

This case centers about what the plaintiff labels a "price war" or a "war of attrition" but which the defendant characterizes as vigorous competition in its struggle for economic survival in the baby food products market in the State of California.

The complaint charges the defendant with attempting to monopolize the California market by unreasonable reduction in the price of its glass contained baby food product and various violations...

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