GRAND UNION CO. v. CORD MEYER DEVELOPMENT CORP.

No. 953, Docket 83-9068.

735 F.2d 714 (1984)

The GRAND UNION COMPANY, Plaintiff-Appellant, v. CORD MEYER DEVELOPMENT CORPORATION and King Kullen Grocery Company, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 23, 1984.


Attorney(s) appearing for the Case

Alan M. Goldston, New York City (Paskus, Gordon & Hyman, New York City, David S. Klafter, New York City, of counsel), for plaintiff-appellant.

John M. Armentano, Mineola, N.Y. (Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P.C., Mineola, N.Y., Alfred J. Swan, Steven L. Herrick, New York City, of counsel), for defendant-appellee King Kullen Grocery Company, Inc.

Maggin & Swan, New York City, for defendant-appellee Cord Meyer Development Company.

Before KAUFMAN, KEARSE and PIERCE, Circuit Judges.


PER CURIAM:

This is an appeal from a judgment of the District Court for the Eastern District of New York, Nickerson, Judge, entered on December 28, 1983, granting defendants-appellees' motions to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) and dismissing plaintiff-appellant's complaint. For the following reasons, we reverse and remand.

BACKGROUND

Plaintiff-appellant The Grand Union Company ("Grand Union...

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