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NABISCO BRANDS, INC. v. GENERAL RESTORATION CO.

No. CIV-83-1022C.

679 F.Supp. 264 (1988)

NABISCO BRANDS, INC., Plaintiff, v. GENERAL RESTORATION CO., INC.; Structural Restoration Company, Incorporated; and Tremco, Inc., Defendants.

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

February 10, 1988.

Attorney(s) appearing for the Case

Hodgson, Russ, Andrews, Woods & Goodyear (James W. Gresens, and Robert J. Lane, Jr., of counsel), Buffalo, N.Y., for plaintiff.

McDonough Marcus Cohn & Tretter (Eli S. Cohn, of counsel), Buffalo, N.Y., for defendant General Restoration Co., Inc.

Phillips, Lytle, Hitchcock, Blaine & Huber (Edward S. Bloomberg, of counsel), Buffalo, N.Y., for defendant Tremco, Inc.

CURTIN, Chief Judge.

Defendants General Restoration Co., Inc. [General Restoration], and Tremco, Inc. [Tremco], now move for summary judgment in this case. Plaintiff Nabisco Brands, Inc. [Nabisco], opposes.

This is an action commenced by plaintiff Nabisco against defendants to recover damages incurred as a result of a claim that the material coating applied to the wheat silos at plaintiff's Niagara Falls plant pursuant to a painting contract awarded to Structural...

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