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SENECA BEVERAGE CORP. v. HEALTHNOW NEW YORK, INC.

No. 04-CV-6081 CJS.

383 F.Supp.2d 413 (2005)

SENECA BEVERAGE CORPORATION, Plaintiff, v. HEALTHNOW NEW YORK, INC., RMTS Associates, LLC and Trustmark Insurance Company, Defendants.

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

July 22, 2005.

Attorney(s) appearing for the Case

Scott D. Moore, Esq., Moore, Woodhouse & Pawlak LLP, Elmira, for the Plaintiff.

Frank V. Balon, Esq., Webster Szanyi LLP, Buffalo, for the Defendant Healthnow New York, Inc.

DECISION AND ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This State law breach of contract case, with additional claims under Federal law, is before the Court under federal question jurisdiction to decide defendant HealthNow New York's ("HealthNow") motion (# 20) for summary judgment and plaintiff's application (# 24) for discovery pursuant to Federal Rule of Civil Procedure 56(f). For the reasons that follow, the Court denies plaintiff's motion...

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