ELROY ENTERPRISES, INC. v. ROADWAY EXP., INC.

No. CV 90-0148.

746 F.Supp. 284 (1990)

ELROY ENTERPRISES, INC., Plaintiff, v. ROADWAY EXPRESS, INC., Defendant.

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

August 22, 1990.


Attorney(s) appearing for the Case

Salamon, Gruber & Blaymore, P.C., Roslyn Heights, N.Y., for plaintiff.

Kroll & Tract, Hyman Hillenbrand and Barry N. Gutterman, of counsel, New York City, for defendant.


MEMORANDUM OF DECISION AND ORDER

MISHLER, District Judge.

Defendant moves for summary judgment, dismissing the complaint. Plaintiff opposes the motion.

BACKGROUND

The following facts are undisputed or conceded:

Plaintiff, Elroy Enterprises, Inc. ("Elroy"), is a New York corporation. Defendant, Roadway Express, Inc. ("Roadway"), is an interstate motor carrier engaged in the business of...

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