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APEX FOUNTAIN SALES, INC. v. KLEINFELD

No. 93-1943.

27 F.3d 931 (1994)

APEX FOUNTAIN SALES, INC. v. Ernie KLEINFELD; Flo Aire, Inc.; Ralph Kearney, Jr.; Michael Kearney; Ralph Kearney & Son, Inc., Appellants.

United States Court of Appeals, Third Circuit.

Decided June 29, 1994.

Attorney(s) appearing for the Case

Robert J. Sugarman (Argued), Sugarman & Associates, Philadelphia, PA, for appellants.

Norman Perlberger (Argued), Jeffrey A. Cohen, Perlberger Law Associates, P.C., Bala Cynwyd, PA, Stephen E. Feldman, Kenneth S. Feldman, of counsel, for appellee.

Before: SLOVITER, Chief Judge, ALITO, Circuit Judge and PARELL, District Judge

OPINION OF THE COURT

SLOVITER, Chief Judge.

The dispute between the parties to this appeal is no stranger to this court. See Apex Fountain Sales, Inc. v. Kleinfeld, 818 F.2d 1089 (3d Cir.1987) (Apex II). This bitter business litigation shows no sign of abating, and it is likely that we will see it again since neither settlement nor proceedings akin to arbitration have reduced the animosity shown by the parties...

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