Legal Opinion

Ben & Jerry's Homemade, Inc. v. FBJ Distribution, Inc.

District Court, D. Vermont

Decided January 31, 1992No. Civ. A. 90-155PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER

PARKER, Chief Judge.

Ben & Jerry’s Homemade, Inc., Vermont’s maker of premier ice cream, filed this lawsuit seeking in Count I to recover payment for ice cream sold and delivered to its former distributor in Florida, FBJ Distribution, Inc., and in Count II a declaratory judgment concerning certain terms of the parties’ distributorship agreement. Defendant filed a counterclaim seeking damages under various tort and contract theories. Plaintiff moves for summary judgment, Fed.R.Civ.P. 56(a), and entry of final judgment, Fed.R.Civ.P. 54(b), on Count I of the complaint.

It is not…

2Cases cited5 opinions

Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
Electro-Catheter Corp. v. Surgical Specialties Instrument Co.District Court, D. New Jersey · 1984
T.S.I. 27, Inc. v. Berman Enterprises, Inc.District Court, S.D. New York · 1987
Omark Industries, Inc. v. Lubanko Tool Co.Court of Appeals for the Second Circuit · 1959
Brown's Auto Salvage v. PicheSupreme Court of Vermont · 1985

3Cited by1 opinion

Bay State HMO Management, Inc. v. Tingley Systems, Inc.Court of Appeals for the First Circuit · 1999