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OBERWEIS DAIRY, INC. v. ASSOCIATED MILK PRODUCERS

No. 72 C 1404.

576 F.Supp. 1559 (1984)

OBERWEIS DAIRY, INC., Plaintiff, v. ASSOCIATED MILK PRODUCERS, INC., et al., Defendants.

United States District Court, N.D. Illinois, E.D.

January 9, 1984.

Attorney(s) appearing for the Case

Victor Harding, Martin Browning, David Hertel, Adrian Pruetz, Whyte & Hirschbaeck, Milwaukee, Wis., for plaintiff.

Donald M. Barnes, Arnet, Fox, Kintner, Plotkin & Kahn, Washington, D.C., Kael B. Kennedy, Katten, Muchin, Zavis, Pearl & Galler, Chicago, Ill., Worth Rowley, Rowley & Watts, Washington, D.C., for defendants.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

In this action (the "1972 Lawsuit") Oberweis Dairy, Inc. ("Oberweis") has sued Associated Milk Producers, Inc. ("AMPI") and Central Milk Producers Cooperative ("CMPC"),1 alleging violations of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2. AMPI now moves under Fed.R. Civ.P. ("Rule") 56 for summary judgment: It claims Oberweis is barred from pursuing the...

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