NEW ZEALAND KIWIFRUIT MARKETING v. WILMINGTON

Civ. A. No. 91-580-JLL.

825 F.Supp. 1180 (1993)

NEW ZEALAND KIWIFRUIT MARKETING BOARD, Plaintiff, v. CITY OF WILMINGTON, McFoy Refrigeration Company, Perley-Halladay Associates and Devault Refrigeration Services, Inc., Defendants.

United States District Court, D. Delaware.

June 14, 1993.


Attorney(s) appearing for the Case

David E. Brand of Prickett, Jones, Elliott, Kristol & Schnee, Wilmington, DE; James P. Krauzlis and Edward C. Radzick of Donovan Parry Walsh & Repetto, New York City, of counsel, for plaintiff.

Jeffrey S. Goddess of Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, DE; James F. Young and Mary Elisa Reeves of Krusen Evans and Byrne, Philadelphia, PA, of counsel, for defendant City of Wilmington.

Raymond Cobb of Goldfein & Joseph, Wilmington, DE, for defendant McFoy Refrigeration, Inc.

John D. Balaguer of White & Williams, Wilmington, DE, for defendants Perley-Halladay Associates and Devault Refrigeration Services, Inc.


MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

Defendant, City of Wilmington ("City"), has brought this motion, pursuant to Rule 56 of the Federal Rules of Civil Procedure, seeking summary judgment against the crossclaims of codefendants, McFoy Refrigeration Inc., Perley-Halladay Associates, and Devault Refrigeration Services, Inc., (hereinafter "McFoy", "Perley-Halladay" and "Devault...

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