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SPORT' SHOE OF NEWARK, INC. v. RALPH LIBONATI CO.

Civ. A. No. 76-386.

512 F.Supp. 921 (1981)

The SPORT' SHOE OF NEWARK, INC., a Delaware corporation, Plaintiff, v. RALPH LIBONATI CO., INC., a New Jersey corporation, Libco, Inc., a New Jersey corporation; and Gerald M. Cavall, t/a Girard Sporting Goods, Defendants.

United States District Court, D. Delaware.

April 14, 1981.

Attorney(s) appearing for the Case

David Roeberg, Frederick T. Haase, Jr., and John T. Tolbert, of Roeberg & Associates, P. A., Wilmington, Del., for plaintiff.

Henry N. Herndon, Jr., David H. Williams, and Clark W. Furlow, of Morris, James, Hitchens & Williams, Wilmington, Del., for defendants Ralph Libonati Co., Inc. and Libco, Inc.

Edward J. Sobolewski, Jr., and Bruce E. Hubbard, Newark, Del., for defendant Gerald M. Cavall, t/a Girard Sporting Goods.

OPINION

CALEB M. WRIGHT, Senior District Judge.

At the conclusion of several years of pretrial discovery in this antitrust case, two of the defendants, Ralph Libonati Co., Inc. ("RLCo.") and Libco, Inc. ("Libco"), have moved for summary judgment. After reviewing the record, the Court concludes that plaintiff has raised a genuine issue of fact that bears on liability, and therefore denies the motion.

I. Factual Background

Plaintiff...

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