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

No. 73 C 1436.

445 F.Supp. 282 (1978)

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.

January 26, 1978.

Attorney(s) appearing for the Case

Coudert Brothers, New York City, by James M. Rhodes, Conor D. Reilly, Mark Lebow, New York City, for plaintiffs.

Townley & Updike, New York City, and Kirkland & Ellis, Chicago, Ill., by Donald G. Kempf, Tefft W. Smith, Chicago, Ill., for defendants.

MEMORANDUM AND ORDER

NEAHER, District Judge.

This is a private antitrust action 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. By a supplemental complaint filed on May 27, 1975, plaintiffs allege eight causes of action: two claims of conspiracy...

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