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  5. 874 F.Supp. 634 (1995)
 

MERTON CO., LTD. v. PEPSICO INC.

No. 92 CV 6565.

874 F.Supp. 634 (1995)

The MERTON COMPANY, LIMITED, Plaintiff, v. PEPSICO INC., Defendant.

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

February 7, 1995.

Attorney(s) appearing for the Case

Norman Weiss, Elyse Strauss, Osrolenk, Faber, Gerb, Soffen, New York City, for plaintiff.

Jonathan C. Thau, Wilson, Elser, Moskowitz, Edelman & Dicker, New York City, for defendant.

FINDINGS OF FACT, CONCLUSIONS OF LAW

PARKER, District Judge.

This Memorandum Opinion constitutes the findings of fact and conclusions of law of the Court after a bench trial. Plaintiff, The Merton Company, Ltd. ("Merton"), brought this lawsuit against Defendant, PepsiCo Inc. ("PepsiCo"). Merton asserts two claims against PepsiCo: the tort of negligent misrepresentation and breach of contract.

A. FINDINGS OF FACT

1. Merton, a manufacturer...

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