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INSTANT DELIVERY CORP. v. CITY STORES CO. (LIT BROS. DIV.)

Civ. A. No. 68-262.

284 F.Supp. 941 (1968)

INSTANT DELIVERY CORP. v. CITY STORES COMPANY (LIT BROTHERS DIVISION), Strawbridge & Clothier, Gimbel Brothers, Inc., John Wanamaker Philadelphia, and Tose, Inc.

United States District Court E. D. Pennsylvania.

May 6, 1968.

Attorney(s) appearing for the Case

Harold E. Kohn, Aaron M. Fine, Dolores Korman, David Pittinsky, Philadelphia, Pa., for plaintiff.

Theodore R. Mann, Philadelphia, Pa., for City Stores Co. and Strawbridge & Clothier.

Edward W. Mullinix, Kimber E. Vought, Philadelphia, Pa., for Gimbel Brothers, Inc.

Robert W. Sayre, Philadelphia, Pa., for John Wanamaker Philadelphia.

Edwin P. Rome, Philadelphia, Pa., Desmond J. McTight, Norristown, Pa., for Tose, Inc.

SUR MOTION FOR PRELIMINARY INJUNCTION

LUONGO, District Judge.

For the past several months Instant Delivery Corp., plaintiff herein, has been performing a package delivery service for two of the four major local department stores. Recently the four stores decided to re-establish consolidated delivery. Instant and the carrier which served the other two stores competed with each other to be selected for the consolidated delivery. Instant lost out. It instituted...

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