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EVANS v. S. S. KRESGE COMPANY

Civ. A. No. 71-85.

394 F.Supp. 817 (1975)

John EVANS, Trustee in Bankruptcy for Hempfield Stores, Inc., a Bankrupt, Plaintiff, v. S. S. KRESGE COMPANY, a Foreign Corporation, Defendant.

United States District Court, W. D. Pennsylvania.

May 13, 1975.

Attorney(s) appearing for the Case

David R. Brown, Roslyn M. Litman, Pittsburgh, Pa., for plaintiff.

Andrew L. Weil, Pittsburgh, Pa., Henry T. Reath, Philadelphia, Pa., for defendant.

OPINION and ORDER

McCUNE, District Judge.

Plaintiff, trustee in bankruptcy for Hempfield Stores, Inc., formerly Skat-Zap, Inc. (Hempfield) initiated this antitrust action in 1971 complaining that defendant, S. S. Kresge Company (Kresge), violated Section 1 of the Sherman Act, 15 U.S.C.A. § 1 which provides, inter alia, that "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade . . . among the several...

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