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FOODTOWN v. SIGMA MARKETING SYSTEMS, INC.

Civ. A. No. 80-1859.

518 F.Supp. 485 (1980)

FOODTOWN, a New Jersey Corporation, Plaintiff, v. SIGMA MARKETING SYSTEMS, INC. and ARA Services, Defendants.

United States District Court, D. New Jersey.

On Renewed Motion to Dismiss July 23, 1981.

Attorney(s) appearing for the Case

Wilentz, Goldman & Spitzer by Christine D. Petruzzell, Woodbridge, N. J., for plaintiff.

McCarter & English by William H. Horton, Newark, N. J., for defendants.

OPINION

CLARKSON S. FISHER, Chief Judge.

This case is before me on defendants' motion to dismiss the complaint on the ground that the entire action is barred by the four-year statute of limitations for the sale of goods set forth in N.J.S.A. 12A:2-725. Plaintiff's five-count complaint seeks damages on the bases of (1) breach of contract (Counts I and II), (2) fraud (Count III), (3) tortious misrepresentation (Count IV) and (4) unjust enrichment (Count V...

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