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PRO-FAC CO-OP., INC. v. ALPHA NURSERY, INC.

No. 01-CV-6267L.

205 F.Supp.2d 90 (2002)

PRO-FAC COOPERATIVE, INC., et al., Plaintiffs, v. ALPHA NURSERY, INC., et al., Defendants.

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

April 18, 2002.

Attorney(s) appearing for the Case

Christopher A. DiPasquale, Paul J. Yesawich, III, Harris Beach LLP, Pittsford, NY, for Plaintiffs.

Steven E. Cole, Wolford & LClair, LLP, Rochester, NY, Mary Jo S. Korona, Rochester, NY, Paul R. Connolly, Connolly & Doyle, Salem, OR, Daniel P. Purcell, Ward, Norris, Heller & Reidy, LLP, Rochester, NY, for Defendants.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

Plaintiffs, Pro-Fac Cooperative, Inc. ("Pro-Fac"), Agrilink Foods, Inc. ("Agrilink") (a wholly-owned subsidiary of Pro-Fac), and nineteen individual officers and directors of Pro-Fac and Agrilink, commenced this declaratory judgment action on May 25, 2001, against roughly 150 Oregon farm operations. This action arises out of certain contractual relationships between plaintiffs and defendants...

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