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WESTERN GROUP NURSERIES, INC. v. ERGAS

No. 90-1606-CIV.

211 F.Supp.2d 1362 (2002)

WESTERN GROUP NURSERIES, INC., et al., Plaintiffs, v. Martin ERGAS, et al., Defendants.

United States District Court, S.D. Florida, Miami Division.

February 4, 2002.

Attorney(s) appearing for the Case

Joel D. Eaton, Esq., Podhurst, Orseck, et al., Miami, FL, Donald A. Chase, Esq., Morrison, Cohen, Singer & Weinstein, New York City, Anthony R. Lucia, Esq., Pheonix, AZ, Howard Kelly Coates, Jr., Esq., Proskauer Rose, Boca Raton, FL, Samuel A. Abady, Esq., New York City, for Plaintiffs.

Neil J. Berman, Esq., Berman, Rennert, Vogel & Mandler, Miami, FL, for Defendants.

ORDER DENYING DEFENDANT'S MOTIONS FOR SUMMARY JUDGMENT

HOEVELER, District Judge.

THIS CAUSE comes before the Court upon the Defendant's Motion for Summary Judgment, filed June 6, 2000 and the Defendant's Motion for Summary Judgment Based on Fed.R.Civ.P. 41, filed July 10, 2000.

Background

In 1984, thirteen Arizona nursery owners agreed to sell their nursery businesses to World Nurseries, Inc. ("World") which apparently thought that...

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