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DIEHL & SONS, INC. v. INTERNATIONAL HARVESTER CO.

No. 73 C 1436.

426 F.Supp. 110 (1976)

DIEHL & SONS, INC., a New York Corporation, and Truck Rent-A-Center, Inc., a New York Corporation, Plaintiffs, v. INTERNATIONAL HARVESTER COMPANY, a Delaware Corporation, and International Harvester Credit Corp., a Delaware Corporation, Defendants.

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

November 29, 1976.

Attorney(s) appearing for the Case

Coudert Brothers, New York City, for plaintiffs by James M. Rhodes, Joseph A. McManus, Anthony Williams, New York City.

Townley, Updike, Carter & Rodgers by Ronald S. Daniels, James K. Leader, New York City, and Kirkland & Ellis by Donald G. Kempf, Jr., Tefft W. Smith, Chicago, Ill., for defendants.

MEMORANDUM AND ORDER

NEAHER, District Judge.

This private antitrust action was commenced on September 24, 1973 by Diehl & Sons, Inc. ("Diehl") and its subsidiary, Truck Rent-A-Center, Inc. ("TRAC"), against International Harvester Company ("Harvester") and International Harvester Credit Corporation ("IHCC"), its wholly-owned subsidiary. The original complaint has in effect been superseded by a supplemental complaint filed May 27, 1975, in which plaintiffs...

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