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CLIFFSTAR CORP. v. RIVERBEND PRODUCTS, INC.

No. CIV-89-344C.

750 F.Supp. 81 (1990)

CLIFFSTAR CORPORATION, Plaintiff, v. RIVERBEND PRODUCTS, INC., Defendant.

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

November 15, 1990.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber (Edward S. Bloomberg, of counsel), Buffalo, N.Y., for plaintiff.

Jaeckle, Fleischmann & Mugel (John H. Stenger, of counsel), Buffalo, N.Y., for defendant.

CURTIN, District Judge.

BACKGROUND

There are two disputes at issue in this case. Plaintiff Cliffstar Corporation ("Cliffstar") has moved for summary judgment on its claimed loss from partial delivery of an order of 3.2 million pounds of tomato paste. Defendant Riverbend Products, Inc. ("Riverbend") has cross-moved for summary judgment for payment on its delivery to Cliffstar of ten boxcars of lemon concentrate and also for payment on the tomato paste it...

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