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H. J. HEINZ COMPANY v. BEECH-NUT LIFE SAVERS, INC.

181 F.Supp. 452 (1960)

H. J. HEINZ COMPANY, a corporation, Plaintiff, v. BEECH-NUT LIFE SAVERS, INC., a corporation, Defendant.

United States District Court S. D. New York.

February 3, 1960.

Attorney(s) appearing for the Case

William Simon, John Bodner, Jr., Richard L. Perry, Washington, D. C., Stewart L. Whitman, Bert A. Collison, New York City (Paul M. Duff, Pittsburgh, Howrey & Simon, Washington, D. C., and Nims, Martin, Halliday, Whitman & Williamson, New York City, of counsel), for plaintiff.

Rogers, Hoge & Hills, Dewey, Ballantine, Bushby, Palmer & Wood, New York City (George S. Hills, Andrew J. Graham, Philip C. Scott, Leonard Joseph, Aram J. Kevorkian, New York City, of counsel), for defendant.

LEVET, District Judge.

This case involves what the plaintiff labels a "price war" in the baby food products market in the State of California.

On September 4, 1957, the defendant, Beech-Nut Life Savers, Inc. (hereinafter referred to as "Beech-Nut") reduced its prices on baby food in California to a level lower than its prices east of the Mississippi River. Price reductions followed by the other two large baby food competitors in California, Gerber Products...

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