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CAL DISTRIBUTING CO. v. BAY DISTRIBUTORS, INC.

No. 70-206 Civ. T.

337 F.Supp. 1154 (1971)

CAL DISTRIBUTING CO., Plaintiff, v. BAY DISTRIBUTORS, INC., Defendant.

United States District Court, M. D. Florida, Tampa Division.

December 1, 1971.

Attorney(s) appearing for the Case

Lawrence J. Robinson, of Cramer, Robinson, Ginsburg & Ross, Sarasota, Fla., for plaintiff.

Emmet J. Bondurant, and S. Phillip Heiner, of Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Atlanta, Ga., Edward I. Cutler, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for defendant.

ORDER

KRENTZMAN, District Judge.

This is a case involving such stalwarts of Bacchanalian lore as Mogen David, Paul Masson, Gallo, Lancer's, Taylor, King, Italian Swiss Colony, and more. Both plaintiff and defendant are distributors of wine. Plaintiff's complaint states a claim for relief under Section 2 of the Sherman Anti-Trust Act.1

Defendant asserts that there are no material factual issues remaining when all of the...

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