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OVITRON CORPORATION v. GENERAL MOTORS CORPORATION

No. 67 Civ. 3731.

295 F.Supp. 373 (1969)

OVITRON CORPORATION, Plaintiff, v. GENERAL MOTORS CORPORATION, Defendant.

United States District Court S. D. New York.

As Amended on Rehearing February 26, 1969.

Attorney(s) appearing for the Case

Hopgood & Calimafde, New York City, for plaintiff; John M. Calimafde, Arthur M. Lieberman, New York City, of counsel.

Edward B. Wallace, New York City, for defendant; George W. Coombe, Jr., John J. Higgins, New York City, of counsel.

OPINION

FREDERICK van PELT BRYAN, District Judge:

Defendant in this action was the low bidder on and was awarded a United States Army contract for a large quantity of squad radios, a lightweight portable radio, the receiver of which can be attached to the standard military helmet. Plaintiff was the second lowest bidder on this contract.

Plaintiff charges in substance that defendant purposefully monopolized the market in squad radios by knowingly...

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