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HOLLAND INDUSTRIES v. ADAMAR OF NEW JERSEY, INC.

No. 82 Civ. 2261(MEL).

550 F.Supp. 646 (1982)

HOLLAND INDUSTRIES, INC., Plaintiff, v. ADAMAR OF NEW JERSEY, INC., Defendant.

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

November 15, 1982.

Attorney(s) appearing for the Case

Wagner, McNiff & DiMaio, New York City, for plaintiff; Arthur Wagner, New York City, of counsel.

Skadden, Arps, Slate, Meagher & Flom, New York City, Snell & Wilmer, Phoenix, Ariz., for defendant; Barry Garfinkel, New York City, of counsel.

LASKER, District Judge.

Holland Industries, Inc. ("Holland") filed this diversity action for breach of contract against Adamar of New Jersey, Inc. ("Adamar") in March 1982. Adamar moves for summary judgment on the ground that Holland's failure to satisfy a condition precedent entitles Adamar to judgment as a matter of law.

The instrument upon which Holland sues is a letter dated June 24, 1980 ("Letter") from Adamar's president to Holland's chairman, which...

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