AMMEX-CHAMPLAIN CORP. v. GALLMAN

Nos. 72 Civ. 306, 72 Civ. 310.

422 F.Supp. 292 (1973)

AMMEX-CHAMPLAIN CORP., Plaintiff, v. Norman GALLMAN et al., Defendants. AMMEX WAREHOUSE COMPANY, INC., Plaintiff, v. Norman GALLMAN et al., Defendants.

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

March 16, 1973.


Attorney(s) appearing for the Case

Lovejoy, Wasson, Lundgren & Ashton, New York City, Hancock, Estabrook, Ryan, Shove & Hust, Syracuse, N. Y., for plaintiffs; Walter C. Lundgren, New York City, Joseph H. Murphy, Syracuse, N. Y., John F. Kelly and James J. Murray, New York City, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of N. Y., for defendants; Thomas P. Zolezzi, Kenneth F. Connolly, Albany, N. Y., of counsel.

Before KAUFMAN, Circuit Judge, and FOLEY and PORT, District Judges.


MEMORANDUM DECISION

IRVING R. KAUFMAN, Circuit Judge:

Ammex Warehouse Co. and Ammex-Champlain Corp. are engaged in the business of selling cigarettes and liquor at eight locations1 to persons entering Canada from New York. Although minor variations occur at each facility, the general scheme of operations may be described as follows. At each location, Ammex has two buildings. One building is a sales office, where sample merchandise...

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