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UNIROYAL, INC. v. JETCO AUTO SERV., INC.

No. 75 Civ. 921 (JMC).

461 F.Supp. 350 (1978)

UNIROYAL, INC., Plaintiff, v. JETCO AUTO SERVICE, INC., Irving Gellar and Marvin Gellar, Defendants. JETCO AUTO SERVICE, INC., Plaintiff-by-Counterclaim, v. INTER-CITY TIRE AND AUTO CENTERS, INC. and Uniroyal, Inc., Defendants-by-Counterclaim.

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

August 23, 1978.

Attorney(s) appearing for the Case

Arthur, Dry & Kalish by Walter Barthold, Gayle S. Sanders, New York City, for plaintiff.

Pollack & Kaminsky by Daniel A. Pollack, Martin I. Kaminsky, New York City, for defendants.

OPINION

CANNELLA, District Judge:

After a bench trial on the issue of plaintiff's liability to Jetco Auto Service, Inc. ["Jetco"] on the latter's counterclaims, the Court finds that Jetco may recover damages for violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, Section 340 of the New York General Business Law and for common law breach of contract. The other counterclaims are dismissed for failure of proof.1

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