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BRINK'S INC. v. CITY OF NEW YORK

Nos. 953, 954, Dockets 82-7782, 82-7788.

717 F.2d 700 (1983)

BRINK'S INC., Appellant, v. The CITY OF NEW YORK, Appellee. BRINK'S INC., Appellant-Cross-Appellee, v. John ADAMS, Anthony De Nardo, Trevor Fairweather, Richard Florio, James Gargiulo, Michael Solomon, William J. Donovan, Francis Gitto, William McInerney, Anthony San Marco, James Springett, John Barrera and Joseph Nardo, Appellees, and Jorge Olivari, Ramon Hernandez, and Jose Rodriguez, Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 6, 1983.

Attorney(s) appearing for the Case

Robert A. Meister, Milgram, Thomajan, Jacobs & Lee, P.C., New York City (Victoria A. Cundiff, Andrew L. Deutsch, New York City, of counsel), for appellant-cross-appellee.

Jeffrey E. Glen, Sp. Asst. Corp. Counsel, New York City (Frederick A.O. Schwarz, Jr., Corp. Counsel, Debra A. James, Patricia Kruger, New York City, Edward C. Tuozzo, Staten Island, N.Y., Asst. Corporation Counsels, of counsel), for appellee City of New York.

Phillip M. Kovitz, New York City, for appellees-cross-appellants Olivari, Hernandez, and Rodriguez.

Before OAKES, CARDAMONE and WINTER, Circuit Judges.

OAKES, Circuit Judge:

The City of New York contracted out the collection of its parking meter revenues to Brink's Inc., the well-known national armored car carrier. Under the March 1978 contract, armed, uniformed Brink's personnel were to collect coins from parking meters throughout the City, deposit them into canisters sealed and locked by the City, and return the canisters to the City's parking meter division (PMD) at 42 Franklin Street in Manhattan. On April 9...

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