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HUBBARD v. UTZ QUALITY FOODS, INC.

No. 93-CV-6153L.

903 F.Supp. 444 (1995)

Daniel HUBBARD, Plaintiff, v. UTZ QUALITY FOODS, INC., Defendant. UTZ QUALITY FOODS, INC., Counter-Claimant, v. Daniel HUBBARD, Counter-Defendant.

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

October 19, 1995.

Attorney(s) appearing for the Case

David A. Shults, Shults & Shults, Hornell, NY, for plaintiff.

Edward J. Degnan, Mendon, NY, for defendant.

TRIAL DECISION AND ORDER

LARIMER, District Judge.

This is a breach-of-contract action brought by Daniel Hubbard ("Hubbard") against UTZ Quality Foods, Inc. ("UTZ"). Hubbard is a Bath, New York potato farmer and UTZ is a Pennsylvania corporation that purchases potatoes for processing into potato chips.

On April 20, 1992, Hubbard executed a written contract to supply UTZ with a quantity of potatoes. The contract, a two-page, form-contract prepared...

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