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JOHNSON v. SOUNDVIEW APTS. HOUSING DEVELOP. FUND

No. 81 Civ. 4803 (JES).

647 F.Supp. 1410 (1986)

Jean JOHNSON, Seymour Johnson, Anne Hirsch and Joseph Tieger, individually and on behalf of all other persons similarly situated, Plaintiffs, v. SOUNDVIEW APARTMENTS HOUSING DEVELOPMENT FUND CO., INC. and United Home for Aged Hebrews and George M. Friedland, Herbert Platzner, Saunders T. Preiss and Charles H. Singer, individually and as officers of defendants Soundview Apartments Housing Development Fund Co., Inc. and United Home for Aged Hebrews, Defendants and Third-Party Plaintiffs, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Samuel R. Pierce, Secretary, United States Department of Housing and Urban Development, and Joseph D. Monticciolo, Regional Administrator, United States Department of Housing and Urban Development, Third-Party Defendants and Defendants.

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

November 17, 1986.

Attorney(s) appearing for the Case

Westchester Legal Services, Inc., White Plains, N.Y., for plaintiffs; Joy Blumkin, Stephen Norman, of counsel.

Satterlee & Stephens, New York City, for defendants and third-party plaintiffs Soundview Apartments, United Home, Friedland, Platzner, Preiss and Singer; James F. Rittinger, Ronald R. Papa, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for third-party defendants and defendants Housing and Urban Development, Pierce and Monticciolo; Carolyn L. Simpson, Asst. U.S. Atty., of counsel.

SPRIZZO, District Judge.

Plaintiffs brought an action alleging inter alia that a mandatory meal plan established by defendants in connection with certain government subsidized housing units constituted an illegal tying arrangement in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. See Third Amended Complaint ("Complaint") at ¶¶ 49-56.1 Defendants moved to dismiss or, in the alternative, for summary...

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