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DIEMATIC MFG. CORP. v. PACKAGING INDUSTRIES, INC.

No. 74 Civ. 1557-LFM.

412 F.Supp. 1367 (1976)

DIEMATIC MANUFACTURING CORP., Plaintiff, v. PACKAGING INDUSTRIES, INC., Defendant.

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

May 3, 1976.

Attorney(s) appearing for the Case

Miller & Summit, New York City, for defendant; Ruth Balen, New York City, of counsel.

Wyatt, Gerber, Shoup & Reardon, New York City, for plaintiff; Eliot S. Gerber, New York City, of counsel.

OPINION

MacMAHON, District Judge.

We deal here with three motions. First, defendant Packaging Industries, Inc. (Packaging) moves, pursuant to Rule 12(c), Fed. R.Civ.P., for judgment on the pleadings dismissing certain allegations in Count I and all of Count III of the complaint as barred by res judicata. Second, plaintiff Diematic Manufacturing Corp. (Diematic) moves, pursuant to Rule 56, Fed.R.Civ.P., for partial summary judgment. Third, Packaging moves...

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