Legal Opinion

Nifty Foods Corporation v. The Great Atlantic & Pacific Tea Company, Inc. And Pet Incorporated

Court of Appeals for the Second Circuit

Decided January 24, 1980No. 20, Docket 79-7195PublishedCited by 136 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Western District of New York, Harold P. Burke, Judge, dismissing plaintiff’s civil action based on antitrust, breach of contract, unfair competition and other claims.

This suit was prompted by a decision of the Great Atlantic & Pacific Tea Company (“A&P”) to substitute Pet Incorporated (“Pet”) for Nifty Foods Corporation (“Nifty”) as the supplier of A&P’s private label frozen waffles. Nifty filed a complaint in 1971, naming A&P and Pet as co-defendants and charging in seven counts…

2Cases cited57 opinions

  1. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  2. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  3. United States v. Grinnell Corp.Supreme Court of the United States · 1966
  4. Brown Shoe Co. v. United StatesSupreme Court of the United States · 1962
  5. United States v. E. I. Du Pont De Nemours & Co.Supreme Court of the United States · 1956

52 more not listed; retrieve them via the Exa API.

3Cited by136 opinions

  1. Twin Laboratories, Inc. v. Weider Health & Fitness, a Corporation, I, Brute Enterprises, Inc.Court of Appeals for the Second Circuit · 1990
  2. Ppx Enterprises, Inc., Mod Music, Inc., and J.H. Records, Inc., Ppx Enterprises, Inc. v. Audiofidelity Enterprises, Inc. And Dante J. PuglieseCourt of Appeals for the Second Circuit · 1987
  3. Lektro-Vend Corp. v. Vendo Co.Court of Appeals for the Seventh Circuit · 1981
  4. Robert's Hawaii School Bus, Inc. v. Laupahoehoe Transportation Co.Hawaii Supreme Court · 1999
  5. Rebel Oil Company, Inc. v. Atlantic Richfield CompanyCourt of Appeals for the Ninth Circuit · 1995

131 more not listed; retrieve them via the Exa API.

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