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DELLWOOD FOODS, INC. v. KRAFTCO CORP.

No. 76 Civ. 3375 (GLG).

420 F.Supp. 424 (1976)

DELLWOOD FOODS, INC., Plaintiff, v. KRAFTCO CORPORATION, Defendant.

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

September 29, 1976.

Attorney(s) appearing for the Case

Botein, Hays, Sklar & Herzberg, New York City, for plaintiff, by Stanley M. Kolber, Neal R. Silverman, New York City, of counsel.

Sullivan & Cromwell, New York City, for defendant, by William R. Norfolk, New York City, of counsel.

OPINION

GOETTEL, District Judge.

Plaintiff, Dellwood Foods, Inc. ("Dellwood"), is suing Kraftco Corporation ("Kraftco") for an alleged breach of contract. Initially Dellwood is seeking a preliminary injunction to enjoin Kraftco from any further competition in the metropolitan New York area regarding the processing and distributing of various milk products. Dellwood seeks, in effect, to enforce a covenant not-to-compete which Kraftco had previously agreed...

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