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WHEATON GLASS CO., ETC. v. PHARMEX, INC.

Civ. A. Nos. 80-1152, 82-0375.

548 F.Supp. 1242 (1982)

WHEATON GLASS COMPANY, A DIVISION OF WHEATON INDUSTRIES, a New Jersey Corporation, Plaintiff, v. PHARMEX, INC., doing business as Pharmex, Ltd., a Delaware Corporation, Defendant, and PHARMEX, INC., doing business as Pharmex, Ltd., a Delaware Corporation, Plaintiff, v. POLY-SEAL CORPORATION, Defendant.

United States District Court, D. New Jersey.

October 15, 1982.

Attorney(s) appearing for the Case

Archer, Greiner & Read, P.A. by Robert T. Lehman, Haddonfield, N.J., for plaintiff, Wheaton Glass Co.

Fratto, Little, Alessi & Abbott by John A. Fratto, Barrington, N.J., for plaintiff, Wheaton Glass Co., on the counterclaim.

Brown, Connery, Kulp, Willie, Purnell & Greene by Michael J. Vassalotti, Camden, N.J., for defendant and plaintiff, Pharmex, Inc.

Montano, Summers, Mullen & Manuel, P.A. by G. Wesley Manuel, Jr., Cherry Hill, N.J., for defendant, Poly-Seal Corp.

OPINION

COHEN, Senior District Judge:

This matter is presently before the Court on the motion of plaintiff, Wheaton Glass Company (Wheaton), for partial summary judgment, pursuant to Fed.R.Civ.P. 56, and on the motion of defendant, Poly-Seal Corporation (Poly-Seal), to dismiss the complaint brought against it for lack of subject matter jurisdiction, pursuant to Fed.R. Civ.P. 12(b).

FACTS

Between September 1976 and December 1979, Wheaton...

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