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BREEDEN v. TRICOM BUSINESS SYSTEMS, INC.

No. 02-CV-0029.

244 F.Supp.2d 5 (2003)

Richard BREEDEN, Trustee, the Bennett Funding Group, Inc., Plaintiff, v. TRICOM BUSINESS SYSTEMS, INC. Defendant.

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

January 21, 2003.

Attorney(s) appearing for the Case

Hancock & Barclay, LLP, Syracuse, NY (Robert B. Liddell, of counsel), for Plaintiff and Counter Defendant.

Shapiro, Rosenbaum, Liebschutz & Nelson, Rochester, NY (David H. Ealy, of counsel), for Defendant and Counter Claimant.

Javitch, Block, Eisen & Rathbone, Cleveland, OH (Kenneth Bruce Baker, of Counsel).

MEMORANDUM DECISION AND ORDER

MUNSON, Senior District Judge.

BACKGROUND

Cleveland Microsystems, Inc., d/b/a/ Tricom Business Systems ("Tricom") is in the business of selling, leasing and servicing office equipment, mainly copiers and fax machines. Aloha Leasing, a division of the Bennet Funding Group, Inc.C'BFG"), manufactured, distributed, sold and services office equipment. In May 1992, Tricom and BFG entered into a Private Label Vendor Agreement...

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