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DIPAOLO MACH. WORKS, LTD. v. PRESTIGE EQUIPMENT CORP.

No. 96 CV 3195 (SJ).

998 F.Supp. 229 (1998)

DIPAOLO MACHINE WORKS, LTD., Plaintiff, v. PRESTIGE EQUIPMENT CORPORATION, et al., Defendant.

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

March 26, 1998.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C. by Kathleen Gill Miller, Cary Stewart Sklaren, New York City, for Plaintiff.

Schwartz & Blumenstein by Clifford Schwartz, New York City, for Defendant Trism Specialized Carriers, Inc.

MEMORANDUM & ORDER

JOHNSON, District Judge.

DiPaolo Machine Works, Ltd. ("Plaintiff" or "DiPaolo") filed suit against Trism Specialized Carriers, Inc. ("Defendant" or "Trism") for breach of contract in failing to safely and properly transport and deliver Plaintiff's boring mill from Houston, Texas to Mississauga, Ontario. Presently before this Court is Defendant's motion to dismiss pursuant to Fed. R.Civ...

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