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JOHNSON & JOHNSON v. COOPERVISION, INC.

Civ. A. No. 88-715-JLL.

720 F.Supp. 1116 (1989)

JOHNSON & JOHNSON, Plaintiff, v. COOPERVISION, INC. and the Cooper Companies, Inc., Defendants.

United States District Court, D. Delaware.

August 17, 1989.

Attorney(s) appearing for the Case

William Prickett and Elizabeth M. McGeever of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, Del., and J. Nelson Happy and Richard Savage of Patterson, Belknap, Webb & Tyler, New York City, of counsel, for plaintiff.

Henry N. Herndon, Jr. of Morris, James, Hitchens & Williams, Wilmington, Del., and Edward V. Anderson, Patricia H. McCall and Barbara R. Shufro of Pillsbury, Madison & Sutro, San Jose, Cal., of counsel, for defendants.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

Plaintiff Johnson & Johnson brought this diversity action against defendants CooperVision, Inc. and The Cooper Companies, Inc., alleging fraud and breach of contract. (See Docket Item ["D.I."] 1.) The dispute arises out of a Purchase Agreement executed on December 31, 1986. (See D.I. 8, Ex. A; D.I. 12, Ex. A.) Under the terms of the Purchase Agreement, Johnson...

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