JETRO CASH & CARRY ENTER. v. FOOD DISTRIBUTION CTR.

Civ. A. No. 81-3922.

569 F.Supp. 1404 (1983)

JETRO CASH AND CARRY ENTERPRISES, INC. v. FOOD DISTRIBUTION CENTER and Philadelphia Fresh Food Terminal Corp.

United States District Court, E.D. Pennsylvania.

August 15, 1983.


Attorney(s) appearing for the Case

Judah I. Labovitz and Benjamin A. Levin, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., for plaintiff.

Louis J. DiGiacomo, Philips, Curtin & DiGiacomo, Philadelphia, Pa., for Philadelphia Fresh Food Terminal Corp.


MEMORANDUM

GILES, District Judge.

The parties dispute whether a restrictive covenant in plaintiff's deed legally precludes the conduct of certain business within the Philadelphia Food Distribution Center. Specifically, can plaintiff be restrained from selling fresh fruit and produce in the original container within the confines of the Food Distribution Center but outside of the Produce Market, which is a part thereof? Philadelphia Fresh Food Terminal Corporation...

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