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ESKIMO PIE CORPORATION v. WHITELAWN DAIRIES, INC.

No. 64 Civ. 3702.

266 F.Supp. 79 (1967)

ESKIMO PIE CORPORATION, Plaintiff, v. WHITELAWN DAIRIES, INC., Supermarket Advisory Sales, Inc., Allstate Dairies, Inc., Jack Nelson and Henry Landau, Defendants.

United States District Court S. D. New York.

January 20, 1967.

Attorney(s) appearing for the Case

Lovejoy, Wasson, Huppuch & Lundgren, New York City, for plaintiff, Walter C. Lundgren, Edwin E. McAmis, New York City, of counsel.

Jaffin, Schneider, Kimmel & Galpeer, New York City, for defendants, Martin L. Conrad, Herbert L. Finkelstein, New York City, of counsel.

MEMORANDUM

BONSAL, District Judge.

Defendants Allstate Dairies, Inc. (Allstate), Jack Nelson (Nelson), and Henry Landau (Landau) move pursuant to Rule 12(b)(6), F.R.Civ.P., to dismiss the ninth cause of action of plaintiff's amended complaint for failure to state a claim upon which relief can be granted; or in the alternative, for judgment on the pleadings pursuant to Rule 12(c), F.R. Civ.P.; or in the alternative, for summary judgment pursuant to Rule 56...

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