April 29, 1969
Country Maid, Inc.
Vasilios Haseotes, Aphrodite Haseotes, Demetrios Haseotes, George Haseotes, Byron Haseotes, Lily Haseotes, Francis N. Alger, Robert F. McNeil, Cumberland Farms Northern, Inc., Cumberland Farms Dairy, Inc., Commonwealth Dairy Stores, Inc., Central Food Store, Inc., Connecticut Food Stores, Inc., Cumberland Farms of Connecticut, Inc., Burlington Food Store Inc., Cape Cod Farms, Inc., Delaware Food Store, Inc., Narragansett Food Store, Inc., Lily-Penn Food Stores, Inc., VSH Realty, Inc. and Cumberland Farms of New Jersey, Inc.
Body, District Judge.
The opinion of the court was delivered by: BODY
Plaintiff, Country Maid, Inc., of Delaware, which operates a dairy processing plant and ten convenience dairy stores, has brought this antitrust action against eight individuals and thirteen corporate defendants. Plaintiff's complaint seeks treble damages and injunctive relief for violations of Sections 1, 2 and 3 of the Sherman Antitrust Act (15 U.S.C. §§ 1, 2 and 3, as amended), Section 2(a) of the Clayton Antitrust Act as amended by the Robinson-Patman Act. Judge Kraft granted Lily-Penn Food Stores, Inc.'s and Cumberland Farms of New Jersey, Inc.'s motions to strike allegations of violations under Section 3 of the Robinson-Patman Act (15 U.S.C. § 13 a). Plaintiff charges that defendants have engaged in a conspiracy to drive it out of business by selling milk to customers at unreasonably low prices.
The suit is presently before the Court on the motion of all the defendants, except Lily-Penn and Cumberland Farms of New Jersey, to quash service of process and to dismiss the action against them for lack of jurisdiction and venue.
Service on each of the individual defendants was made by leaving a copy of the complaint with William M. Adshead, Esq. an attorney with an office at 911 Liberty Trust Building, Philadelphia, Pennsylvania. The corporate defendant, Lily-Penn Food Stores, Inc. has admitted that William M. Adshead, Esq. is its statutory agent, and that his office is its principal office in Pennsylvania.
Service was made on the thirteen corporate defendants pursuant to Section 12 of the Clayton Act (15 U.S.C. § 22) by serving a copy of the complaint at the registered office of each corporate defendant.
Both Lily-Penn and Cumberland Farms of New Jersey have raised no objection to venue or jurisdiction.
Vasilios Haseotes, his wife, Aphrodite, and their three sons, Demetrios, George and Byron, together with the other individual defendants, are engaged in the business of producing and processing milk and ice cream which they sell together with other food products in the New England states, New Jersey, Pennsylvania and Delaware. Three of the corporate defendants operate processing plants, eight operate retail dairy stores, and one operates both a plant and store. (See Appendix A)
Vasilios Haseotes and his wife and three sons own all of the stock of each corporate defendant. Vasilios and Aphrodite own together 25% in each corporation. Each son owns 25% of each corporation. They all comprise the entire Board of Directors of each corporation. The officers of each corporation are as follows:
President Vasilios Haseotes
General Manager Demetrios B. Haseotes
Vice-President Aphrodite Haseotes
Vice-President Francis N. Alger
Treasurer & Secretary Byron Haseotes
Asst. Sec. & Gen. Counsel Robt. F. McNeil
Asst. Treasurer Lily Haseotes
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