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LABORATORY CORP. OF AMERICA, INC. v. UPSTATE TESTING LAB., INC.

No. 95 C 0085.

967 F.Supp. 295 (1997)

LABORATORY CORPORATION OF AMERICA, INC., f/k/a National Health Laboratories, Inc., Plaintiff, v. UPSTATE TESTING LABORATORY, INC., f/k/a Omnilab, Inc., Defendant.

United States District Court, N.D. Illinois, Eastern Division.

May 20, 1997.

Attorney(s) appearing for the Case

Matthias A. Lydon, Timothy P. O'Connor, Winston & Strawn, Chicago, IL, for Plaintiff.

Jay Williams, Schiff, Hardin & Waite, Chicago, IL, Christopher Massaroni, DeGraff, Foy, Holt-Harris, Mealey & Kunz, Albany, NY, Roger J. Cusick, Cusick, Hacker & Murphy, L.L.P., Latham, NY, for Defendant.

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

The plaintiff, Laboratory Corporation of America ("LabCorp"),1 has sued the defendant, Upstate Testing Laboratory ("Upstate"),2 asserting several claims with respect to its purchase of Upstate. Upstate has counterclaimed against LabCorp concerning the same transaction. The parties have filed cross motions for summary judgment. For the following...

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