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NEW GENERATION FOODS v. SPICER'S INTERN. COM. TR.

No. 86 Civ. 1378 (SWK).

669 F.Supp. 599 (1987)

NEW GENERATION FOODS, INC., Plaintiff, v. SPICER'S INTERNATIONAL, COMMON TRUST, John L. Harmer, and R. Howard Harmer, Defendants.

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

July 30, 1987.

Attorney(s) appearing for the Case

Meltzer, Lippe & Goldstein, by Alan Mitzman, Mineola, N.Y., for plaintiff.

Stroock & Stroock & Lavan, by Brian Cogan, New York City, for defendants.

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

Plaintiff, New Generation Foods ("NGF"), brings this action in federal court for the Southern District of New York, alleging that defendants, Spicer's International, Common Trust, John L. Harmer, and R. Howard Harmer, breached two out of five contracts executed by the parties. Plaintiff seeks from this Court both injunctive and monetary relief. Defendants move to dismiss plaintiff's complaint for lack of...

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