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PANTS `N' STUFF SHED HOUSE v. LEVI STRAUSS & CO.

No. Civ-84-1375T.

619 F.Supp. 945 (1985)

PANTS `N' STUFF SHED HOUSE, INC., Plaintiff, v. LEVI STRAUSS & CO., Defendant.

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

April 25, 1985.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., for plaintiff; Lewis Kaplan, New York City, John Stuart Smith, Rochester, N.Y., of counsel.

Harter, Secrest & Emery, Rochester, N.Y., Heller, Ehrman, White & McAuiffe, San Francisco, Cal., for defendant; Kenneth A. Payment, Rochester, N.Y., Robert J. Vizas, San Francisco, Cal., of counsel.

DECISION and ORDER

TELESCA, District Judge.

I. Introduction

This is an antitrust action brought by a Rochester based retailer (and sometime wholesaler) of sportswear, against a clothing manufacturer which refuses to allow its products to be sold by anyone at wholesale. Defendant has moved to dismiss the action on various grounds, and has moved to strike several paragraphs in the complaint as irrelevant and prejudicial. Plaintiff has moved...

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