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L. FATATO, INC. v. MILLER BREWING CO.

No. 82 CV 3999.

582 F.Supp. 1377 (1984)

L. FATATO, INC., N.Y.S.-T.S. Beverage Corp., and Vasiliow Co., Inc., Plaintiffs, v. MILLER BREWING COMPANY, Defendant.

United States District Court, E.D. New York.

March 22, 1984.

Attorney(s) appearing for the Case

Composto & Longo, Brooklyn, N.Y. (Mark A. Longo, Brooklyn, N.Y., of counsel), for plaintiffs.

Arnold & Porter, Washington, D.C., Conboy, Hewitt, O'Brien & Boardman, New York City (Bruce L. Montgomery, Thomas H. Milch, Douglas L. Wald, Washington, D.C., of counsel), for defendant.

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

Plaintiffs in this diversity-based action seek damages for breach of contract and unjust enrichment based on an alleged oral beer distribution agreement with defendant Miller Brewing Company ("Miller"). Miller has moved for summary judgment pursuant to Fed.R.Civ.P. 56, arguing that the contract claims are barred by New York's statute of frauds and that the unjust...

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