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  5. 947 F.Supp. 658 (1996)
 

ALESAYI BEVERAGE CORP. v. CANADA DRY CORP.

No. 89 Civ. 7221 (RLC).

947 F.Supp. 658 (1996)

ALESAYI BEVERAGE CORPORATION, Plaintiff and Counterclaim Defendant, v. CANADA DRY CORPORATION, Defendant and Counterclaim Plaintiff.

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

June 26, 1996.

Attorney(s) appearing for the Case

Paul, Hastings, Janofsky & Walker, New York City (Samuel D. Rosen, Michael T. Mervis, Paul L. Perito, Robert E. Pokusa, of counsel), Bartels & Feureisen, White Plains, NY (John R. Bartels, Jr., of counsel), for Plaintiff.

Shearman & Sterling, New York City (Dennis P. Orr, Kathryn Tabner, Tracey L. Cushing, Allana F. Stark, of counsel), for Defendant.

OPINION

ROBERT L. CARTER, District Judge.

In this action, Plaintiff Alesayi Beverage Corporation ("Alesayi") seeks damages resulting from an alleged breach of contract and breach of express and implied warranties by defendant Canada Dry Corporation ("Canada Dry"). Canada Dry counterclaims, alleging breach of contract by Alesayi and damages. A bench trial was held from December 4, 1995 to December 12, 1995.

I.

The following facts...

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