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ABRUZZI FOODS, INC. v. PASTA & CHEESE, INC.

Civ. A. No. 87-2018-H.

687 F.Supp. 20 (1988)

ABRUZZI FOODS, INC., Plaintiff v. PASTA & CHEESE, INC. and Carnation Company, Defendants.

United States District Court, D. Massachusetts.

June 9, 1988.

Attorney(s) appearing for the Case

Bart Vinik, Vinik & Loew, Newton, Mass., for plaintiff.

Sydelle Pittas, Gaston & Snow, Boston, Mass., for defendants.

MEMORANDUM AND ORDER

HARRINGTON, District Judge.

Presently before the Court is defendant Pasta & Cheese, Inc.'s ("Pasta & Cheese") and defendant Carnation Company's motion to dismiss Count III of the plaintiff Abruzzi Foods Inc.'s ("Abruzzi") cause of action pursuant to Fed.R.Civ.P. 12(b)(6) or in the alternative, summary judgment pursuant to Fed.R.Civ.P. 56. The defendants also move for summary judgment on Counts I and II of the plaintiff's complaint...

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