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JULIUS NASSO CONCRETE CORP. v. DIC CONCRETE CORP.

No. 78 Civ. 2865.

467 F.Supp. 1016 (1979)

JULIUS NASSO CONCRETE CORP., S & A Concrete Co., Inc., S & A Fireproofing Co., Inc., and Julius Nasso Concrete Corp. — S & A Concrete Co., Inc., a Joint Venture, Plaintiffs, v. DIC CONCRETE CORP., Dic Construction Corp., Dic Concrete Corp. and Underhill Construction Corp., a Joint Venture d/b/a Dic-Underhill, a Joint Venture, Certified Industries Corporation and Joseph DePaola, Walter Goldstein, Frank Phalen, Anthony Bertone, and Bernard Jereski, Individually, Defendants.

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

March 28, 1979.

Attorney(s) appearing for the Case

Bandler & Kass, New York City, for plaintiffs; William J. Werner, and Richard L. Gold, New York City, of counsel.

Golenbock & Barell, New York City, for defendants; Michael C. Silberberg, and Irene M. Guimera, New York City, of counsel.

OPINION

ROBERT L. CARTER, District Judge.

This is an antitrust case concerning alleged monopolization of the concrete subcontracting trade in four boroughs of New York City. The charges include violations of the Sherman Act §§ 1 & 2 (15 U.S.C. §§ 1 & 2) and the Clayton Act as amended by the Robinson-Patman Act §§ 2(a), 2(f) & 7 (15 U.S.C. §§ 13(a), 13(f), & 18). Plaintiffs are three corporations suing...

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