Legal Opinion

Hester Industries, Inc. v. Tyson Foods, Inc.

District Court, N.D. New York

Decided February 5, 1995No. 93-CV-391PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

On August 12, 1994, this court signed an order reflecting its oral decision rendered on August 8, 1994 in which it found, inter alia, that defendant Tyson Foods, Inc. (“Tyson”) had breached the March 12, 1992 settlement agreement between the parties and had violated the court’s corresponding dismissal order dated April 9, 1992. The court granted partial summary judgment in favor of the plaintiff, Hester Industries, Inc., on Counts One and Two of its amended complaint on the issue of liability for the use of certain packaging…

2Cases cited13 opinions

  1. Winifred D. Noonan v. Cunard Steamship Co., Ltd.Court of Appeals for the Second Circuit · 1967
  2. Robertson v. National Basketball AssociationDistrict Court, S.D. New York · 1975
  3. Higgins v. Boeing Co.Court of Appeals for the Second Circuit · 1975
  4. Lisette Cascone v. Ortho Pharmaceutical CorporationCourt of Appeals for the Second Circuit · 1983
  5. William WASHINGTON, Plaintiff-Appellant, v. NEW YORK CITY BOARD OF ESTIMATE, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983

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3Cited by8 opinions

  1. Berish v. Richards Medical Co.District Court, N.D. New York · 1996
  2. Sears, Roebuck and Co. v. Sears Realty Co., Inc.District Court, N.D. New York · 1996
  3. Brown v. City of OneontaDistrict Court, N.D. New York · 1996
  4. DiMarco v. Rome Hosp. & Murphy Memorial Hosp.District Court, N.D. New York · 1995
  5. Shawnee State Bank v. First National Bank of Olathe (In Re Winders)District Court, D. Kansas · 1996

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