Original Fowler's Chocolate Co., Inc. v. The Hershey Company et al
||Original Fowler's Chocolate Co., Inc.
||The Hershey Company, Hershey Canada, Inc., Mars, Inc., Mars Canada Inc., Nestle S.A., Nestle U.S.A., Inc., Nestle Canada, Inc., Cadbury Schweppes PLC and Cadbury Adams Canada, Inc.
||March 25, 2008
||US District Court for the Middle District of Pennsylvania
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
||15:15 Antitrust Litigation
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|August 11, 2009
MEMORANDUM AND ORDER (re: multiple motions to dismiss: It is hereby ORDERED that: 1. The motions to dismiss 471, 473 & 474 pursuant to Rule 12(b)(2) by Mars Canada, Nestle SA & Nestle Canada are GRANTED.; 2. Motion to dismiss 466 pursuant to Rule 12( b)(2) by Cadbury plc & Cadbury Holdings DENIED.; 3. Motion to dismiss 469 amended complaints of indirect end users & indirect purchasers for resale pursuant to Rule 12(b)(6) DENIED in part & DENIED as MOOT in part as follows... (see Paras 3a & 3b for specifics).; 4. Motion to dismiss 476 amended complaints of direct purchasers & individual pltfs pursuant to Rule 12(b)(6) DENIED in part & DENIED as MOOT in part as follows... (see Paras 4a & 4b for specifics).; 5. Motion to dismiss 464 pursuant to Rule 12(b)(6) filed by Cadbury plc & Cadbury Holdings DENIED. (See memo & order for complete details.) Signed by Honorable Christopher C. Conner on 08/11/09. (jc)
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