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RED APPLE SUPERMARKETS, INC. v. DELTOWN FOODS, INC.

No. 75 Civ. 5187 (WCC).

419 F.Supp. 1256 (1976)

RED APPLE SUPERMARKETS, INC., Plaintiff, v. DELTOWN FOODS, INC. and Kraftco Corp., Defendants.

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

September 27, 1976.

Attorney(s) appearing for the Case

Weiss Rosenthal Heller & Schwartzman, New York City, for plaintiff; Richard F. Horowitz, Eli Feit, New York City, of counsel.

Botein, Hays, Sklar & Herzberg, New York City, for defendant Deltown Foods, Inc.; Sidney C. Winton, Stanley M. Kolber, Francis J. Marino, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendant Kraftco Corp.; Francis Carling, David B. Tulchin, New York City, of counsel.

MEMORANDUM AND ORDER

CONNER, District Judge:

Plaintiff, Red Apple Supermarkets, Inc., is a retail supermarket chain with stores in Queens and New York Counties in the State of New York. It has brought this action against defendants Kraftco Corporation and Deltown Foods, Inc., a licensee of Kraftco authorized to manufacture and distribute Light n' Lively low-fat milk in the New York City area, and has made a motion for class certification. Defendants have...

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