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DONLAN v. CARVEL

Civ. A. No. 11694.

209 F.Supp. 829 (1962)

Daniel L. DONLAN et al., Plaintiffs, v. Thomas CARVEL et al., Defendants.

United States District Court D. Maryland.

September 10, 1962.

Attorney(s) appearing for the Case

Lawrence I. Weisman, Baltimore, Md., and Arnold Fleischmann, Towson, Md., for plaintiffs.

Amen, Weisman & Butler, New York City, for Carvel defendants.

David Gerber, Baltimore, Md., for Maryland Baking Co. and Maryland Cup Co.

William L. Marbury, John Martin Jones, Jr., Piper & Marbury and Irving F. Cohn, Baltimore, Md., for Maryland Cup Co. and Eagle Cone Corp.

WINTER, District Judge.

Certain of defendants have moved, under Rule 12(b), F.R.Civ.P., 28 U.S.C.A., to dismiss the six antitrust counts of plaintiffs' twenty count complaint, contending that they fail in a number of respects to state a claim upon which relief can be granted.

The complaint was filed by a number of plaintiffs, each of whom alleged that he became a "Carvel" franchised dealer engaged in the sale at retail of Carvel "soft" ice cream. The persons...

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