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DUNKIN' DONUTS INC. v. BARR DONUT, LLC.

Nos. 00 CIV.6130 HB, 01 CIV.5872 HB.

242 F.Supp.2d 296 (2003)

DUNKIN' DONUTS INCORPORATED, Plaintiff, v. BARR DONUT, LLC, Alexander Barrett, Oshrie Sak, SRS Donuts Corp., and Scott Glassman, Defendants. Dunkin' Donuts Incorporated, Plaintiff, v. Barr Donut, LLC, Defendant.

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

January 17, 2003.

Attorney(s) appearing for the Case

David E. Whorten, Eric L. Yaffe, MariRae Sopper, Christopher M. Loveland, Schmeltzer, Aptaker & Shepard, P.C., Washington, DC, Ronald D. Degen, O'Rourke & Degen, New York City, for Dunkin Donuts, Inc.

Barbara R. Shweky, Peter S. Cohen, Olshan, Grundman, Frome & Rosenzweig, New York City, for Barr Donut, LLC, David Spindler, Oshrie Zak.

David Segal, New York City, for Alexander Barrett.

Andrew Paul Cooper, Mineola, NY, for SRS Donuts Corp., Scott Glassman.

OPINION & ORDER

BAER, District Judge.

This matter came before me while I sat in the Eastern District of New York in August 2002 and was transferred to me for all purposes by Judge Seybert. Docket numbers 00 Civ. 6130 and 01 Civ. 5872 were consolidated by order dated September 25, 2002. Two motions for partial summary judgment are before me. First, Dunkin' Donuts Incorporated ("Dunkin"') moves...

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