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  5. 71 F.Supp.2d 168 (1999)
 

INFINITY INDUSTRIES, INC. v. REXALL SUNDOWN, INC.

No. 99-CV-2807(JS)(VVP).

71 F.Supp.2d 168 (1999)

INFINITY INDUSTRIES, INC., Plaintiff, v. REXALL SUNDOWN, INC., Defendant.

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

November 12, 1999.

Attorney(s) appearing for the Case

Richard M. Zaroff, Wormser, Kiely, Galef & Jacob, New York City, for Plaintiff.

Michael A. Bamberger, Esq., Sonnenschein Nath & Rosenthal, New York City, for Defendant.

MEMORANDUM AND ORDER

SEYBERT, District Judge.

This lawsuit alleging breach of contract was filed on May 19, 1999. Plaintiff Infinity Industries, Inc. alleges that defendant Rexall Sundown Inc. has breached a contract under which Infinity would supply Rexall with 33,000 kilograms of St. John's Wort. Infinity claims that after formation of the contract to supply this material at a price of $75 per kilogram, the market price dropped precipitously to...

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