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DUNKIN' DONUTS, INC. v. ALBIREH DONUTS, INC.

No. 00-CV-0517.

96 F.Supp.2d 146 (2000)

DUNKIN' DONUTS, INCORPORATED, a Delaware Corporation, Plaintiff, v. ALBIREH DONUTS, INC., a New York Corporation, Fawzi Mustafa and Diya Mustafah, Defendants.

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

April 28, 2000.

Attorney(s) appearing for the Case

Robert L. Zisk, David E. Worthen, Annemarie Brennan, Schmeltzer, Aptaker & Shepard, P.C., Washington, D.C., Joshua A. Sabo, Donohue, Sabo, Varley & Armstrong, P.C., Albany, NY, for Plaintiff.

MEMORANDUM—DECISION & ORDER

McAVOY, District Judge.

Plaintiff Dunkin' Donuts, Incorporated ("DDI") commenced the instant action against Defendants alleging breach of contract and violations of sections 32 and 43 of the Lanham Act, 15 U.S.C. §§ 1114, 1125, arising out of Defendants' alleged failures to comply with the health and safety requirements of a franchise agreement. Presently before the Court is DDI's motion pursuant to FED. R...

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