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TRUGMAN-NASH, INC. v. NEW ZEALAND DAIRY BD.

Nos. 93 Civ. 831 (CSH), 93 Civ. 8329 (CSH).

954 F.Supp. 733 (1997)

TRUGMAN-NASH, INC. and Trio Cheese Imports, Inc., Plaintiffs, v. NEW ZEALAND DAIRY BOARD, MILK PRODUCTS HOLDINGS (NORTH AMERICA) INC. and Western Dairy Products, Inc., Defendants. WESTERN DAIRY PRODUCTS, INC., Plaintiff, v. TRUGMAN-NASH, INC. and Trio Cheese, Inc., Defendants.

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

February 24, 1997.

Attorney(s) appearing for the Case

Zuckerman, Spaeder, Golstein, Taylor & Kolker, New York City (Edward Little, Howard Adler, of counsel), for Trugman-Nash, Inc. and Trio Cheese Imports, Inc.

Baker & McKenzie, New York City (Lawrence W. Newman, Craig Celniker, Lalit Loomb, of counsel), for New Zealand Dairy Board, Milk Products Holdings (North America), Inc. and Western Dairy Products, Inc.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

In a Memorandum Opinion dated October 8, 1996, 942 F.Supp. 905, ("the October Opinion"), familiarity with which is presumed, the Court inter alia denied defendants' motion to dismiss the antitrust claims plaintiffs plead in an amended complaint.

Defendants asserted two grounds for dismissal. First, they contended that the Court either lacked or...

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