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LOUIS ENDER, INC. v. GENERAL FOODS CORPORATION

No. 70 Civ. 3050.

341 F.Supp. 1015 (1972)

LOUIS ENDER, INC., Plaintiff, v. GENERAL FOODS CORPORATION, Defendant.

United States District Court, S. D. New York.

February 4, 1972.

Attorney(s) appearing for the Case

Sidney S. Bobbe, New York City, for plaintiff.

Sullivan & Cromwell, New York City, for defendant; Robert MacCrate, William T. Stephens, New York City, of counsel.

PALMIERI, District Judge.

Defendant moves for summary judgment on the ground that prior determinations by New York courts in this action between the same parties are res judicata as to issues which are dispositive of this action. Rule 56, Fed.R.Civ. P. The motion is also based upon alternative grounds under Rule 12(b) (1) and 12(b) (6), Fed.R.Civ.P., but these need not be discussed in view of the conclusions hereinafter set forth.

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