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FRINK AMERICA v. CHAMPION ROAD MACHINERY

Nos. 96-CV-486, 96-CV-1576.

961 F.Supp. 398 (1997)

FRINK AMERICA, INC., Plaintiff, v. CHAMPION ROAD MACHINERY LIMITED, Defendant. CHAMPION ROAD MACHINERY LIMITED, Counter-Claimant, v. FRINK AMERICA, INC., Counter-Defendant.

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

April 9, 1997.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, L.L.P., Syracuse, NY, for Plaintiff; James R. Muldoon, of counsel.

Mackenzie Smith Lewis, Michell & Huges, L.L.P., Syracuse, NY, for Defendant; Nancy L. Pontius.

MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

A. Facts:

Corporate Evolution

The common corporate lineage of the parties involved in this action dates back to 1945, when Melvin O. Simpson founded Combined Enterprises Limited, a holding company later to become known as Compro Limited ("Compro"). Compro eventually acquired three companies relevant to the present discussion. In 1958, Compro acquired...

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