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SEARS, ROEBUCK AND CO. v. SEARS REALTY CO., INC.

No. 89-CV-1350.

932 F.Supp. 392 (1996)

SEARS, ROEBUCK AND COMPANY, Plaintiff, v. SEARS REALTY COMPANY, INCORPORATED, d/b/a Sears Express Shoppe(s), Sears Oil Company, Incorporated, and Sears Petroleum and Transport Corporation, Defendant.

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

July 22, 1996.

Attorney(s) appearing for the Case

Nims, Howes, Collison, Hansen & Lackert (William R. Hansen, of counsel), New York City, Greene, Hershdorfer & Sharpe (Bruce G. Soden, of counsel), Syracuse, New York, for Plaintiff.

Bond, Schoeneck & King (Deborah H. Karalunas, of counsel), Syracuse, New York, Miles & Stockbridge (Vincent M. Amberly, of counsel), Washington, D.C., for Defendants.

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

Presently before the court is defendant's motion seeking enforcement of an alleged oral settlement agreement and dismissal of the instant complaint with prejudice. Plaintiff opposes defendant's motion and brings cross motions seeking summary judgment dismissing defendant's state common law damages claim, and Rule 11 sanctions against defendant for filing the instant motions.

BACKGROUND...

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