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BEN & JERRY'S HOMEMADE, INC. v. LA SOUL, INC.

No. 2:95-cv-304.

983 F.Supp. 499 (1997)

BEN & JERRY'S HOMEMADE, INC., Plaintiff, v. LA SOUL, INC., Defendant.

United States District Court, D. Vermont.

October 14, 1997.

Attorney(s) appearing for the Case

Robert S. DiPalma, Paul, Frank & Collins, Inc., Burlington, VT, Douglas H. Meal, Douglas H. Driemeier, Kevin J. O'Connor, Robert A. Skinner, Ropes & Gray, Boston, MA, for Plaintiff.

William Michael McCarty, Jr., McCarty Law Offices, Brattleboro, VT, Lewis J. Pepperman, Donald B. Brenner, Stark & Stark, Princeton, NJ, for Defendant.

OPINION AND ORDER

SESSIONS, District Judge.

In this action brought by ice cream manufacturer Ben & Jerry's Homemade, Inc. ("B & J") against one of its former suppliers, La Soul, Inc. ("La Soul"), La Soul moves this Court to abstain from exercising jurisdiction over the proceeding (paper 79), and B & J moves for summary judgment on Count III or in the alternative for a nisi decree that summary judgment will enter on Count III if...

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