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BEN & JERRY'S HOMEMADE v. FBJ DISTRIBUTION

Civ. A. No. 90-155.

791 F.Supp. 98 (1992)

BEN & JERRY'S HOMEMADE, INC., Plaintiff, v. FBJ DISTRIBUTION, INC., Defendant.

United States District Court, D. Vermont.

January 31, 1992.

Attorney(s) appearing for the Case

Eileen M. Blackwood, Paul, Frank & Collins, Inc., Burlington, Vt., Anne Craige McNay, Douglas H. Meal, Andrew C. Pickett, Ropes & Gray, Boston, Mass., for plaintiff.

John B. Kassel, Miller, Eggleston & Rosenberg, Ltd., Burlington, Vt., for defendant.

OPINION AND ORDER

PARKER, Chief Judge.

Ben & Jerry's Homemade, Inc., Vermont's maker of premier ice cream, filed this lawsuit seeking in Count I to recover payment for ice cream sold and delivered to its former distributor in Florida, FBJ Distribution, Inc., and in Count II a declaratory judgment concerning certain terms of the parties' distributorship agreement. Defendant filed a counterclaim seeking damages under various tort and contract theories...

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