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SLAPSHOT BEVERAGE CO. v. SOUTHERN PACKAGING MACHINERY, INC.

No. 97 CV 1242(ADS).

980 F.Supp. 684 (1997)

SLAPSHOT BEVERAGE COMPANY, INC., a corporation, Plaintiff, v. SOUTHERN PACKAGING MACHINERY, INC., Defendants.

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

October 10, 1997.

Attorney(s) appearing for the Case

Kolodny & Griffin by Timothy G. Griffin, Michael J. Mascola, Yonkers, NY, for Plaintiff.

Leader & Berkon by Lisandra Acosta, New York, NY, for Defendant.

Silfen, Segal, Fryer & Shuster, P.C., Atlanta, GA, for Defendant; William R. Lester, of counsel.

SPATT, District Judge.

This diversity-breach of contract action arises from the claims of the plaintiff, Slapshot Beverage Company, Inc. ("the plaintiff" or "Slapshot") against the defendant, Southern Packaging Machinery, Inc. ("the defendant" or "SPI") to recover damages for the alleged delivery of bottling equipment that was different from that specified in the sales contract. Presently before the Court is the defendant's motion to dismiss the complaint for lack...

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