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ABELE TRACTOR AND EQUIPMENT CO. v. VARITY CORP.

No. 92-CV-1233.

977 F.Supp. 1252 (1997)

ABELE TRACTOR AND EQUIPMENT COMPANY, INC., Plaintiff, v. VARITY CORPORATION; Massey-Ferguson, U.K., Ltd.; MF Industrial, Ltd.; Massey-Ferguson Industrial Machinery, Inc.; Defendants.

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

September 25, 1997.

Attorney(s) appearing for the Case

Cade, & Saunders, PC., Michael A. Hiser, William J. Cade (of counsel), Albany, NY, for Plaintiff.

DeGraff, Foy, Holt-Harris & Kunz, LLP, James T. Potter, Scott C. Paton (of counsel), Albany, NY, for Defendants.

MEMORANDUM-DECISION & ORDER

HURD, United States Magistrate Judge.

Presently before the Court is defendants' motion for summary judgment. Plaintiff submitted opposition, to which defendants replied. Oral argument was heard on May 8, 1997, in Utica, New York.

I. FACTS

On October 25, 1983, plaintiff Abele Tractor and Equipment Co., Inc. ("Abele Tractor") entered into a Distributor Agreement ("Agreement" or "contract") with defendant...

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