No. 97 CIV. 1547(CM).

119 F.Supp.2d 441 (2000)

Michael SMITH, et al., Plaintiffs, v. CPC INTERNATIONAL, INC., et al., Defendants.

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

November 8, 2000.

Attorney(s) appearing for the Case

Michael Howard Sussman, Law Offices of Michael H. Sussman, Goshen, NY, Scott A. Thornton, Thornton & Partners, New Hampton, NY, for Michael D. Smith, Edward M. Benish, Jeffrey C. Price, William D.

Scott Alexander Thornton, New Hampton, NY, for Walter Arasimowicz, James J. Harrington, Eugene Meyung.

Robert A. Horowitz, Karen Y. Bitar, Greenberg, Traurig LLP, New York, NY, for CPC Intern., Inc., CPC Baking Distribution Co., Inc., BestFoods, Inc., BestFoods Baking Co., Inc.


McMAHON, District Judge.

1. There seems to be some dispute about whether Count V of the amended complaint, which asserts a claim asserted by plaintiff Michael Smith for a 1993 breach of contract resulting from the reallocation of his routes survived the mandate of the Second Circuit. This is a distinct claim, both factually and legally, from the claims asserted by all plaintiffs...

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