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YJR ENTERPRISES, INC. v. TWIN COUNTY GROCERS, INC.

No. 86 Civ. 5082 (WK).

709 F.Supp. 499 (1989)

YJR ENTERPRISES, INC., Plaintiff, v. TWIN COUNTY GROCERS, INC., and Foodtown, Defendants. TWIN COUNTY GROCERS, INC. and Foodtown, Counterclaim Plaintiffs, v. Israel RAVEH, YJR Enterprises, Inc., Charles Scimeca, and Century Media Corp., Counterclaim Defendants.

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

April 13, 1989.

Attorney(s) appearing for the Case

Roger B. Kaplan, Wilentz, Goldman & Spitzer, Woodbridge, N.J., for counterclaim plaintiffs.

David B. Newman, Fine, Tofel, Saxl & Berelson, P.C., New York City, for counterclaim defendants.

MEMORANDUM & ORDER

WHITMAN KNAPP, District Judge.

For reasons which follow, we conclude that counterclaim plaintiffs Twin County Grocers, Inc. and Foodtown (collectively, "Twin") are entitled to try their case against counterclaim defendants Charles Scimeca and Century Media Corp. (collectively, "Century") to a jury.

BACKGROUND

In June 1986, YJR Enterprises, Inc. ("YJR"), a media time buyer, brought suit against its client, Twin, to...

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