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E & J GALLO WINERY v. MORAND BROS. BEVERAGE CO.

No. 02 C 4599.

247 F.Supp.2d 979 (2003)

E & J GALLO WINERY, Plaintiff/Counter-Defendant, v. MORAND BROS. BEVERAGE CO., d/b/a Romano Bros. Beverage Co., an Illinois corporation, Central Wholesale Co., Inc., an Illinois corporation, Mueller Distributing Co., Inc., an Illinois corporation, and Paramount Distributing Company, Inc., an Illinois corporation, Defendants/Counter-Plaintiffs.

United States District Court, N.D. Illinois, Eastern Division.

February 13, 2003.

Attorney(s) appearing for the Case

David L. Doyle, Thomas P. Cimino, Jr., Chad Allen Schiefelbein, Vedder, Price, Kaufman & Kammholz, Chicago, IL, for plaintiff.

Peter Charles McCabe, III, Cornelius Moore Murphy, Catherine L. Crisham, Winston & Strawn, Chicago, IL, David K. Schmitt, Jeffrey Michael Glass, Margaret Anne Gisch, Field, Golan & Swiger, Chicago, IL, for defendants.

MEMORANDUM OPINION AND ORDER

ST. EVE, District Judge.

Plaintiff/Counter-Defendant E & J Gallo Winery has moved to strike or dismiss Defendants' First Amended Counterclaim. For the reasons set forth below, Plaintiffs motion is granted in part and denied in part.

BACKGROUND

Plaintiff E & J Winery ("E & J"), a California corporation with its principal place of business...

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