Harlem River Consumers Cooperative, Inc. v. Associated Grocers of Harlem, Inc.

PIERCE, District Judge.

MEMORANDUM AND ORDER

This is a private antitrust action in which the plaintiff, Harlem River Consumers Cooperative, Inc. (the Co-op) sued forty-three individual and corporate defendants from various parts of the food industry charging them with engaging in a massive conspiracy to drive the Co-op out of business in violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1, 2, and the New York State laws prohibiting combinations in restraint of trade. See Section 340 of the New York State General Business Law. The plaintiff is a non-profit corporation organized…