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  5. 302 F.Supp.2d 248 (2004)
 

GREAT EARTH INTERN. FRANCHISING CORP. v. MILKS DEVELOPMENTS, INC.

Nos. 01 CIV. 0141(AKH), 02-6194(AKH).

302 F.Supp.2d 248 (2004)

GREAT EARTH INTERNATIONAL FRANCHISING CORP., Plaintiff, v. MILKS DEVELOPMENTS, INC., RHG Holding Col, Edward Ricciardi and Ted Odd, Defendants. Great Earth International Franchising Corp., Plaintiff, v. 1039405 Ontario, Inc., Defendant.

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

January 26, 2004.

Attorney(s) appearing for the Case

Philip S. Ross, Hoffinger Stern & Ross, LLP, New York City, for Plaintiff.

Peter A. Dankin, MCPheters & Dankin, P.C., New York City, for Defendant.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

This consolidated diversity action is before the Court on cross-motions for preliminary injunctive relief. I have heard the motions in Part I owing to the temporary absence from the Courthouse of Judge Hellerstein, to whom the case is assigned. Trial is scheduled to begin before Judge Hellerstein on April 19, 2004.

I. BACKGROUND

The parties have executed a Joint Pre-Trial...

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