GLACIER REFRIG. SERV. v. AMERICAN TRANSP., INC.

No. 78 C 853.

467 F.Supp. 1104 (1979)

GLACIER REFRIGERATION SERVICE, INC. and Seymour Kaplan, Plaintiffs, v. AMERICAN TRANSPORTATION, INC. and Carol E. Biter, Defendants. Rubert BITER, Individually and derivatively on behalf of Glacier Refrigeration Service, Inc., Defendant and Third-Party Plaintiff, v. DRIVER'S SERVICE, INC., Your Trucking Service, Inc., Marlene Kelley, Bernice Kaplan, and Benjamin Rosson, Third-Party Defendants.

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

April 3, 1979.


Attorney(s) appearing for the Case

Harry Salvan, New York City, for plaintiffs.

Lichtenberg & Goss, New York City, for defendants by David J. Goss, Gary J. Levy, New York City.


MEMORANDUM AND ORDER

NEAHER, District Judge.

This action arises out of a joint business venture, which began with the incorporation of what became Glacier Refrigeration Service, Inc. ("Glacier") in Delaware and ended in bankruptcy proceedings in Connecticut. Plaintiff Seymour Kaplan ("Kaplan") is a New York resident who, with defendant Rubert Biter ("Biter"), a resident of Connecticut, formed Glacier to take advantage of what they perceived as an opportunity...

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