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CHOCK FULL O'NUTS CORP. v. TETLEY, INC.

Docket No. 97-9166.

152 F.3d 202 (1998)

CHOCK FULL O'NUTS CORPORATION, Plaintiff-Appellant, v. TETLEY, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 17, 1998.

Attorney(s) appearing for the Case

Frederick P. Schaffer, New York, N.Y. (Bridget Calhoun, Schulte Roth & Zabel LLP, New York, N.Y., Of Counsel), for Plaintiff-Appellant.

David E. Brodsky, New York, N.Y. (Steven M. Knecht, Cleary, Gottlieb, Steen & Hamilton, New York, N.Y., Of Counsel), for Defendant-Appellee.

Before: WALKER and LEVAL, Circuit Judges, and BRIEANT, District Judge.

Judge BRIEANT dissents by separate opinion.

LEVAL, Circuit Judge:

Plaintiff Chock Full O'Nuts Corporation ("Chock"), appeals from a judgment of the United States District Court for the Southern District of New York (Peter K. Leisure, Judge), dismissing Chock's complaint against defendant Tetley, Inc. Chock claimed it was entitled to payment for a shortfall in the funding of a pension plan covering a facility acquired by Chock from Tetley. The district...

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