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MINCK BROS. & CO. v. YOO-HOO CHOCOLATE BEVERAGE CORP.

No. 69-C-719.

302 F.Supp. 453 (1969)

MINCK BROS. & CO., Plaintiff, v. YOO-HOO CHOCOLATE BEVERAGE CORP. a/k/a Yoo-Hoo Beverage Company of the State of New Jersey, and Cott Corp., Defendants.

United States District Court E. D. New York.

July 18, 1969.

Attorney(s) appearing for the Case

Royall, Koegel & Wells, New York City, for defendant, Stuart A. Jackson, New York City, of counsel.

Botein, Hays, Sklar & Herzberg, New York City, for plaintiff, Charles A. Stillman, New York City, of counsel.

Robert J. Hecker, White Plains, N. Y., for Cott Corp.

OPINION ON APPLICATION FOR PRELIMINARY INJUNCTION

JUDD, District Judge.

The court has completed hearings on plaintiff's application for a preliminary injunction to prevent defendants Yoo-Hoo Chocolate Beverage Corp. (Yoo-Hoo) and Cott Corp. (Cott) from selling a chocolate drink on Long Island in alleged violation of an exclusive distribution contract made in 1962 between Yoo-Hoo and plaintiff Minck Bros. & Co.

The drink distributed by Cott is...

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