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CARNIVALE BAG CO., INC. v. SLIDE-RITE MFG. CORP.

No. 74 Civ. 5574.

395 F.Supp. 287 (1975)

CARNIVALE BAG CO., INC., et al., Plaintiffs, v. SLIDE-RITE MFG. CORP., et al., Defendants.

United States District Court, S. D. New York.

June 10, 1975.

Attorney(s) appearing for the Case

Ira Jay Sands, New York City, for plaintiffs.

Guggenheimer & Untermyer, New York City, by Harold Baer, Jr., Howard B. Weinreich, New York City, for defendant Slide-Rite Mfg. Corp.

Fried, Frank, Harris, Shriver & Jacobson, New York City, for defendant Acme Associates Inc.

Hofheimer Gartlir Gottlieb & Gross, New York City, for defendant Pilling Chain Co., Inc.

ROBERT L. CARTER, District Judge.

OPINION

Plaintiffs bring this action pursuant to § 4 of the Clayton Act, 15 U.S.C. § 15, seeking damages and injunctive relief for alleged violations of § 1 of the Sherman Act, 15 U.S.C. § 1. Defendants move to dismiss under Rule 12(b)(6), F.R.Civ.P., on the ground that plaintiffs lack standing to maintain this action. The motion is denied.

The Complaint

The complaint alleges...

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