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FILTRATOR APPARATUS CO. v. FOOD ENTERPRISES

Civ. No. 80-235.

491 F.Supp. 566 (1980)

FILTRATOR APPARATUS CO., INC., Plaintiff, v. FOOD ENTERPRISES, INC. and North American Systems, Inc., Defendants.

United States District Court, D. New Jersey.

June 20, 1980.

Attorney(s) appearing for the Case

Podvey & Sachs by Henry J. Catenacci, Newark, N. J., Hubbell, Cohen, Stiefel & Gross by Myron Cohen and Ralph R. Palo, New York City, for plaintiff.

Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney by James J. Shrager, Newark, N. J., for North American Systems, Inc.

Carpenter, Bennett & Morrissey by Robert E. Turtz, Newark, N. J., for Food Enterprises, Inc.

OPINION

SAROKIN, District Judge.

Defendants move for summary judgment or, in the alternative, for a summary hearing in order to determine whether the complaint filed herein should be dismissed by reason of a release and stipulation of dismissal executed in a prior action between the identical parties. The Court's jurisdiction is premised upon 28 U.S.C. § 1331.

Plaintiff, Filtrator Coffee Apparatus Co., Inc., (hereinafter "Filtrator") is a manufacturer...

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