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HIGH FALLS BREWING CO., LLC v. BOSTON BEER CORP.

No. 10-CV-6100 CJS.

852 F.Supp.2d 306 (2011)

HIGH FALLS BREWING COMPANY, LLC, High Falls Operating Co., LLC, North American Breweries, Inc., and KPS Capital Partners LP, Plaintiff, v. BOSTON BEER CORPORATION, Defendants.

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

Order Denying Reconsideration June 26, 2012.

Attorney(s) appearing for the Case

Jerauld E. Brydges, Esq., Kimberly I. Shimomura, Esq., Harter, Secrest and Emery, LLP, Rochester, NY, for High Falls Brewing Company, LLC.

Randall David White, Esq., Terrence M. Connors, Esq., Connors & Vilardo, LLP, Buffalo, NY, Gregory M. Boyle, Esq., Erinn L. Wehrman, Esq., Jenner & Block, LLP, Chicago, IL, for High Falls Operating Co, LLC, North American Breweries, Inc. and KPS Capital Partners LP.

George J. Skelly, Esq., J. Christopher Allen, Esq., Nixon Peabody LLP, Rochester, NY, for Defendant.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This is a diversity action arising from a contractual dispute, in which Plaintiffs seek permanent injunctive relief and a declaratory judgment that they are not required to arbitrate certain aspects of the dispute. Defendant asserted four counterclaims: 1) tortious interference with contract, 2) breach of the implied covenant of good faith and fair dealing; 3) "immediate possession...

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