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HILAND DAIRY, INC., v. KROGER COMPANY

No. 67 C 67(3).

274 F.Supp. 966 (1967)

HILAND DAIRY, INC., a Missouri corporation, Reiss Dairy, Inc., a Missouri corporation, and Sunny Hill Farms Dairy Co., Inc., a Missouri corporation, on behalf of themselves and all others similarly situated, Plaintiffs, v. The KROGER COMPANY, a corporation, Defendant.

United States District Court E. D. Missouri, E. D.

August 28, 1967.

Attorney(s) appearing for the Case

Lynn C. Paulson, Washington, D. C., Gray L. Dorsey, Chesterfield, Mo., O'Herin & Newberry, Malden, Mo., for plaintiffs.

Norman Diamond and Peter K. Bleakley, Arnold & Porter, Washington, D. C., and John P. Emde, Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for defendant.

MEMORANDUM OPINION AND ORDER

REGAN, District Judge.

This action is for injunctive relief from loss or damages allegedly threatened by violation of Section 2 of the Sherman Antitrust Act, 15 U.S.C. § 2. Before us is defendant's motion to dismiss the complaint, essentially for failure to state a claim upon which relief can be granted.

Plaintiffs are three dairy processors, who sue on behalf of themselves and all other dairy processors allegedly...

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