SULMEYER v. SEVEN-UP CO.

No. 68 Civ. 2246.

411 F.Supp. 635 (1976)

Irving SULMEYER and Arnold L. Kupetz, Co-Trustees of the Estate of Bubble Up International, Ltd., Debtor, Plaintiffs, v. The SEVEN-UP COMPANY and Seven-Up Export Corporation, Defendants.

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

March 26, 1976.


Attorney(s) appearing for the Case

Bondy & Schloss, Jeffrey Glatzer, New York City, Lawrence J. Appel, Law Offices of Joseph L. Alioto, San Francisco, Cal., for plaintiffs.

Wachtell, Manheim & Grouf, Robert Braunschweig, New York City, Arent, Fox, Kintner, Plotkin & Kahn, Eugene Meigher, Daniel Kaufman, Washington, D. C., for defendants.


MEMORANDUM

STEWART, District Judge:

Plaintiffs, Irving Sulmeyer and Arnold L. Kupetz, who are the co-trustees of the Estate of Bubble Up, International, Ltd. ("Bubble Up"),1 an Illinois corporation now in Chapter X reorganization proceedings, have brought an action against defendants, Seven-Up Company ("Seven-Up") and Seven-Up Export Corporation ("Export"),2 alleging that, since 1957, the two have...

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