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DELL'S MARASCHINO CHERRIES v. SHORELINE FRUIT

No. 10 Civ. 3789(ILG)(RER).

887 F.Supp.2d 459 (2012)

DELL'S MARASCHINO CHERRIES CO., INC., Plaintiff, v. SHORELINE FRUIT GROWERS, INC., et al., Defendants.

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

August 14, 2012.

Attorney(s) appearing for the Case

Wendy McGraw , Robert M. Tata , Hunton & Williams LLP, Norfolk, VA, Robert A. Rich , Hunton & Williams LLP, New York, NY, for Plaintiff.

Bruce Levinson , Law Offices of Bruce Levinson, New York, NY, William W. Webb , Cameron Roe, Birmingham, MI, for Defendants.

MEMORANDUM AND ORDER

GLASSER, Senior District Judge.

Plaintiff Dell's Maraschino Cherries Co. Inc. ("Dell's"), a Brooklyn-based producer of maraschino cherries — sweetened brine cherries often found in certain cocktails and on top of ice cream sundaes — on June 23, 2011 filed a second amended complaint against Shoreline Fruit Growers, Inc. ("Shoreline"), a corporation with its principal place of business in Traverse City Michigan, the self...

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