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McDANIEL v. GENERAL MOTORS CORP.

No. 73 C 1505.

480 F.Supp. 666 (1979)

C. Richard McDANIEL, Jim Fallon Oldsmobile, Inc., and Ethel Newfield, Successor Assignee to Samuel Newfield, Deceased, Assignee for the Benefit of Creditors of Jim Fallon Oldsmobile, Inc., Plaintiffs, v. GENERAL MOTORS CORPORATION, David L. Neisch, Joseph Fox and Merry Oldsmobile, Inc., Defendants.

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

November 13, 1979.

Attorney(s) appearing for the Case

Corso & Engelberg, Jericho, N. Y., for plaintiffs by Richard A. Engelberg, Jericho, N. Y.

Davis, Polk & Wardwell, New York City, for defendants General Motors Corporation and Neisch by Guy Miller Struve, Robert F. Wise, Jr., James D. Liss, New York City, and Otis M. Smith and Nicholas J. Rosiello, Detroit, Mich., of counsel.

Brand & Brand, Garden City, N. Y., for defendants Fox and Merry Oldsmobile, Inc.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiffs in this private antitrust action are a former franchised Oldsmobile dealership located in Bethpage, Long Island ("Fallon"); C. Richard McDaniel, an unsuccessful applicant to succeed Fallon in Bethpage; and Ethel Newfield, the successor assignee for the benefit of the creditors of Fallon. The defendants are General Motors Corporation ("G.M."); David L. Neisch, the New York Zone Manager of G.M.'s Oldsmobile...

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