Bernard Susser v. Carvel Corporation, Carvel Dari-Freeze Stores, Inc., Carvel Stores Realty Corporation, and Eight Other Cases

LUMBARD, Chief Judge (writing for the majority in part and dissenting in part).

The plaintiffs in nine actions which were tried together in the Southern District of New York appeal from the dismissal of their complaints which alleged violations of the antitrust laws and sought treble damages from the Carvel Corporation, a 'New York corporation which manufactures dairy and primarily soft ice cream products, its subsidiary organizations, certain of its individual officers and attorneys, and a number of its suppliers. The plaintiffs, former and present individual operators of Carvel franchise…