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DAVIS ACOUSTICAL CORP. v. CAROLINA FREIGHT CARRIERS CORPORATION

Civ. A. No. 89-CV-198.

765 F.Supp. 1142 (1991)

DAVIS ACOUSTICAL CORPORATION, Plaintiff, v. CAROLINA FREIGHT CARRIERS CORPORATION, Defendant.

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

April 15, 1991.

Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan & Casey, Albany, N.Y. (David J. Pollock, of counsel), for plaintiff.

McNamee, Lochner, Titus & Williams, P.C., Albany, N.Y. (G. Kimball Williams, of counsel), Kroll & Tract, New York City (Hyman Hillenbrand, Barry N. Gutterman, of counsel), for defendant.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

There are two motions presently before the court. The first is a motion for summary judgment by defendant, Carolina Freight Carriers Corporation ("Carolina Freight"), and the second is a cross-motion by plaintiff, Davis Accoustical Corporation ("Davis"), to amend its complaint. The court will address those motions in reverse order.

I. Cross-Motion to Amend

Background

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