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CBS INC. v. STOKELY-VAN CAMP, INC.

No. 72 Civ. 1687.

456 F.Supp. 539 (1977)

CBS INC., Plaintiff, v. STOKELY-VAN CAMP, INC., Defendant.

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

October 4, 1977.

Attorney(s) appearing for the Case

Cravath, Swaine & Moore, New York City, for plaintiff; Harold R. Medina, Jr., Evelyn M. Finkelstein, New York City, of counsel.

Lord, Day & Lord, New York City, for defendant; John J. Loflin, Daniel E. Orren McNulty, New York City, of counsel.

WYATT, District Judge.

This is the decision after trial to the Court without a jury of a diversity civil action in which plaintiff (CBS) claims $390,382.48, with interest, from defendant (Stokely) for television advertising. This advertising had been placed for Stokely with CBS by a large advertising agency, Lennen & Newell, Inc. (Lennen). Stokely had paid Lennen for the advertising, but Lennen, which went into bankruptcy on February 2, 1972, did not pay CBS....

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