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Q-T MARKETS, INC. v. FLEMING COMPANIES, INC.

Civ. A. No. C-2484.

394 F.Supp. 1102 (1975)

Q-T MARKETS, INC., doing business as, Apollo Supers, a Colorado Corporation, Plaintiff, and John C. Sullard et al., Additional Parties Plaintiff, v. The FLEMING COMPANIES, INC., a Kansas Corporation, Defendant.

United States District Court, D. Colorado.

April 30, 1975.

Attorney(s) appearing for the Case

Richard H. Shaw and Robert C. Roth, Jr. of Shaw & Coghill, Denver, Colo., for plaintiffs.

Walter A. Steele of White & Steele, Denver, Colo., and Bruce P. Bickner and H. Blair White of Sidley & Austin, Chicago, Ill., for defendant.

MEMORANDUM AND ORDER

MATSCH, District Judge.

The defendant has filed three motions for partial summary judgment, each of which is directed to different aspects of the claims for relief asserted by the plaintiff and by the additional parties plaintiff. This memorandum considers the first of those motions, filed December 17, 1974.

UNCONTROVERTED FACTS

Upon consideration of the pleadings, pre...

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