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DEL FIERRO v. PEPSICO INTERN.

No. 94 CV 5780.

897 F.Supp. 59 (1995)

Vicente DEL FIERRO Jr., for himself and in behalf of Coalition 349 Inc., Plaintiff, v. PEPSICO INTERNATIONAL, Defendant.

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

August 29, 1995.

Attorney(s) appearing for the Case

Antonio M. Flores, Jamaica Estates, NY, for plaintiff.

Jones, Day, Reavis & Pogue (Chester Hinshaw, Patricia Villareal, of counsel), Dallas, TX and (Kenneth Puhala, of counsel), New York City, for defendant.

NICKERSON, District Judge:

Plaintiff, a Philippine resident and citizen, brings this diversity suit on behalf of himself and a consumer group he heads in the Philippines against PepsiCo Inc., incorrectly sued as "PepsiCo International" ("PepsiCo"), alleging breach of contract in connection with a promotional "instant-cash" game conducted by PepsiCo in the Philippines.

PepsiCo moves to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)...

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