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ACME MARKETS v. WHARTON HARDWARE & SUPPLY CORP.

Civ. A. Nos. 94-2969 (JBS), 94-4133 (JBS).

890 F.Supp. 1230 (1995)

ACME MARKETS, INC., Plaintiff, v. WHARTON HARDWARE AND SUPPLY CORPORATION, Defendant. WHARTON HARDWARE AND SUPPLY CORPORATION, Giant Food, Inc., Giant Construction Company, Inc., and Giant of Maryland, Inc., Plaintiffs, v. ACME MARKETS, INC., and Jarnap Company, Inc., Defendants.

United States District Court, D. New Jersey.

On Motion For Reconsideration March 28, 1995.

Attorney(s) appearing for the Case

Edward S. Wardell, Voorhees, NJ, and Scott D. Patterson, Saul, Ewing, Remick & Saul, Malvern, PA, for Acme Markets, Inc.

Allison E. Accurso, Fox, Rothschild, O'Brien & Frankel, Lawrenceville, NJ, for Jarnap Co., Inc.

Carl C. Hittenger, Philadelphia, PA, and Martin C. Bryce, Jr., Ballard Spahr Andrews & Ingersoll, Camden, NJ, for Wharton Hardware and Supply Corp., Giant Food, Inc., Giant Const. Co., and Giant of Maryland, Inc.

OPINION

SIMANDLE, District Judge:

The parties come before the court to dispute the validity of a restrictive covenant which purports to prevent the owners and lessees of land situated in Medford, New Jersey from operating a supermarket. Each party brought an action to protect its rights and the two actions have been consolidated. Presently, the court must address a motion for summary judgment pursuant to Rule 56, Fed.R.Civ.P., brought jointly by Acme...

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