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BAILEY'S BAKERY, LTD. v. CONTINENTAL BAKING COMPANY

Civ. No. 2113.

235 F.Supp. 705 (1964)

BAILEY'S BAKERY, LTD. (a Hawaiian corporation), Plaintiff, v. CONTINENTAL BAKING COMPANY (a Delaware corporation) and Love's Biscuit & Bread Co., Ltd. (a Delaware corporation), Defendants.

United States District Court D. Hawaii.

September 21, 1964.

Attorney(s) appearing for the Case

Kashiwa & Kashiwa, Honolulu, Hawaii, Maxwell Keith, San Francisco, Cal., for plaintiff.

John H. Schafer, of Covington & Burling, Washington, D. C., for Continental Baking Co.

William M. Swope, of Smith, Wild, Beebe & Cades, Honolulu, Hawaii, for Love's Biscuit & Bread Co.

PENCE, Chief Judge.

This is the second round of this civil antitrust suit. In the first round, this court dismissed the complaint as not pleading facts sufficient to state a cause of action, but granted plaintiff leave to amend. Plaintiff's Second Amended Complaint was countered with defendants' motion to dismiss for failure to state a claim upon which relief can be granted, and an alternate motion to strike the complaint in its entirety. This court was sorely tempted...

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