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PAUL T. FREUND CORP. v. COMMONWEALTH PACKING CO.

No. 00-CV-6572 CJS(F).

288 F.Supp.2d 357 (2003)

PAUL T. FREUND CORP., Plaintiff, v. COMMONWEALTH PACKING COMPANY, Victoria's Secret Stores, Inc., Defendants. Victoria's Secret Stores, Inc., Counterclaimant, v. Paul T. Freund Corp., Counterdefendant.

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

September 26, 2003.

Attorney(s) appearing for the Case

Robert D. Hooks, Woods Oviatt Gilman, LLP, Rochester, NY, for Plaintiff and Counterdefendant Paul T. Freund Corp.

Paul D. Kelly, Davidson, Fink, Cook Kelly & Galbraith, LLP, Rochester, NY, for Defendant and Crossclaimant Commonwealth Packing Company.

Nina I. Webb-Lawton, Vorys, Sater, Seymour and Pease, LLP, Columbus, OH, for Defendant and Counterclaimant Victoria's Secret Stores.

DECISION and ORDER

SIRAGUSA, District Judge.

INTRODUCTION

This diversity breach of contract case, removed from state court, is before the Court on plaintiff's motion (# 45) for partial summary judgment, defendants' motions (## 38, 39 & 40) for summary judgment and defendant's motion (# 64) to strike portions of plaintiff's affidavit. For the reasons that follow, the Court grants in part defendant's motion (# 64) to strike, grants defendant...

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