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ALPHA BEAUTY v. WINN-DIXIE STORES

Docket No. A-3111-10T2

39 A.3d 937 (2012)

425 N.J. Super. 94

ALPHA BEAUTY DISTRIBUTORS, INC., Plaintiff-Appellant, v. WINN-DIXIE STORES, INC., Fruth Pharmacy, Inc., Primary One, LLC, JPM LLC, and URM Stores, Inc., Defendants, and C & S Wholesale Grocers, Inc., and United Natural Foods, Inc., Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 3, 2012.

Attorney(s) appearing for the Case

McCusker, Anselmi, Rosen & Carvelli, attorneys for appellant ( Paul F. Carvelli and Kathleen A. Hirce , Florham Park, on the brief).

Drinker Biddle & Reath, attorneys for respondent C & S Wholesale Grocers, Inc. ( Frank F. Velocci and Marita S. Erbeck , Florham Park, on the brief).

Brenner & Levine, attorneys for respondent United Natural Foods, Inc., join in the brief of respondent C & S Wholesalers, Inc.

Before Judges FISHER, BAXTER and MAVEN.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider whether the trial judge properly dismissed this action because plaintiff Alpha Beauty Distributors, Inc. did not include the claims asserted in this action or join the defendants here in a pending federal action. We conclude that the trial judge did not equitably apply the entire controversy doctrine. The core of the federal action was Alpha shareholder Bebert Azran's claim...

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