McGOWAN v. CADBURY SCHWEPPES, PLC

No. 96 Civ. 2205 (HB).

941 F.Supp. 344 (1996)

Michael D. McGOWAN, Plaintiff, v. CADBURY SCHWEPPES, PLC, and Cadbury Schweppes, Inc., Defendants.

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

September 9, 1996.


Attorney(s) appearing for the Case

Mark C. Gardy, Joshua M. Lifshitz, Abbey & Ellis, New York City, for plaintiff.

William J.F. Roll III, Karen M. Crupi, Irene Chang, Benjamin L. Coleman, Shearman & Sterling, New York City, for defendants.


Opinion and Order

BAER, District Judge.

Plaintiff brought this class action against defendant in state court seeking damages and injunctive relief for defendant's alleged false advertising of Holland House Red Cooking Wine. Defendant removed this action to federal court asserting diversity jurisdiction over plaintiff's claims pursuant to 28 U.S.C. § 1332. Plaintiff now moves to remand. For the reasons set forth below, plaintiff's motion is granted...

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