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CANADIAN FIRM FILES SUIT AGAINST UPPER DECK

 SAN DIEGO, Nov. 30 ~PRNewswire~ -- The following is being issued by Jennings, Engstrand & Henrikson:
 Pro-Index Corp. has filed a lawsuit seeking more than $10 million in damages against Carlsbad, Calif.-based The Upper Deck Co.
 Pro-Index is a small manufacturing company based in Ontario, Canada. The Upper Deck Co. is the leading manufacturer and distributor of collectible cards in North America.
 The lawsuit contends Upper Deck encouraged Pro-Index to sign a contract with Upper Deck, but concealed its real intention not to fulfill its half of the bargain, and acted in bad faith to break the agreement, resulting in huge losses to Pro-Index.
 In the summer of 1991, Pro-Index developed a unique, new carrying-case system for protecting, carrying and displaying collectible cards, like the baseball and other sports cards manufactured by Upper Deck. When Pro-Index contacted Upper Deck about displaying Upper Deck cards in the new case, Upper Deck was interested in the product and suggested Pro-Index and Upper Deck instead enter into an agreement to jointly manufacture and market the card-carrying cases.
 The agreement was made and Upper deck predicted a very "successful partnership." Instead, Upper Deck failed completely to uphold its end of the bargain to distribute and market the product. After creating unnecessary delays, but promising that it would do what the contract required, Upper Deck tried to get out of the contract. Pro-Index filed the lawsuit against Upper Deck for its bad faith, fraudulent concealment of facts, interference with prospective business opportunities, unfair business practices, breach of special obligations and violation of antitrust laws.
 Pro-Index contends that Upper deck purposely delayed development and manufacturing of the carrying case. As a result, the product was not ready for distribution and sale at the projected time when the market was strong and sales of cards and related products were high. Pro-Index is seeking $1 million in compensatory damages, more than $10 million in profits it lost because of Upper Deck's failure to perform under the agreement, punitive damages and an injunction to prevent Upper deck from going to market with a copy of the Pro-Index product.
 Pro-Index is represented by the San Diego law firm of Jennings, Engstrand & Henrikson.
 The baseball card carrying case which is the basis of the lawsuit is an innovative carrying case with cardholder for displaying, protecting and carrying collectible cards, such as baseball cards, for consumers in the hobby card-collecting market. It includes a hard case and indexing system to hold the cards.
 -0- 11~30~92
 ~CONTACT: Teresa Y. Warren of Jennings, Engstrand & Henrikson, 619-557-7611, for The Upper Deck Co.~


CO: Pro-Index Corp.; The Upper Deck Co. ST: California IN: HOU SU:

MS-BP -- SD003 -- 4075 11~30~92 10:31 EST
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Publication:PR Newswire
Date:Nov 30, 1992
Words:449
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