COLISEUM CARTAGE v. CONTINENTAL COFFEE PRODUCTS

Nos. C-88-347-WS, C-88-351-WS, C-88-356-WS, C-88-468-WS, C-88-480-WS, C-88-481-WS, C-88-486-WS, C-88-551-WS, C-88-576-WS, C-88-593-WS and C-88-628-WS.

732 F.Supp. 1336 (1989)

COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. CONTINENTAL COFFEE PRODUCTS CO., A DIVISION OF STALEY CONTINENTAL, INC., Defendant. COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. MCLEOD TRUCKING & RIGGING, Defendant. COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. TUCKER COMPANY, Defendant. COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. CINCINNATI PAPERBOARD CORPORATION, Defendant. COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. GENERAL ELECTRIC COMPANY, Defendant. COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. AMERICAN DISTRIBUTING SYSTEM, INC., Defendant. COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. THOMAS RADIO CORPORATION, Defendant. COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. HOOVER UNIVERSAL, INC., Defendant. COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. CARRIER CORPORATION, Defendant. COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. FIRESTONE CORRY FOAM PRODUCTS and Foamex Products, Inc., Defendants. COLISEUM CARTAGE COMPANY, INC. f/k/a Pacesetter Transportation Company and Consolidated/Mark, a Joint Venture Between Consolidated Stores International, Corp. and Mark Services, Inc., Plaintiffs, v. GOODYEAR TIRE & RUBBER COMPANY, Defendant.

United States District Court, M.D. North Carolina, Winston-Salem Division.

Judgment Dismissing Action By Reason of Settlement August 17, 1989.


Attorney(s) appearing for the Case

R.T. Wilder, Jr. and Langdon M. Cooper, Gastonia, N.C., and Joseph L. Steinfeld, Jr. and Robert B. Walker, Washington, D.C., for plaintiffs.

Joseph W. Eason and Thomas W. Steed, Jr., Raleigh, N.C., and Edward J. Kiley and Joseph M. Roberts, Washington, D.C., for defendants.


MEMORANDUM OPINION

ERWIN, Chief Judge.

This matter is before the court on motion of plaintiffs Coliseum Cartage Company, Inc. f/k/a Pacesetter Transportation Company and Consolidated/Mark, A Joint Venture Between Consolidated Stores International Corp. and Mark Services, Inc., pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the counterclaims of the above defendants for failure to state a claim upon which relief can be granted...

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