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WINSTON v. MEDIAFARE ENTERTAINMENT CORP.

No. 1316, Docket 85-7191.

777 F.2d 78 (1985)

Mary Ellen WINSTON, Plaintiff-Appellee, v. MEDIAFARE ENTERTAINMENT CORPORATION, Gallavants, Inc., and Ralph Smith, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 14, 1985.

As Amended January 9, 1986.

Attorney(s) appearing for the Case

Martin Zuckerbrod, New York City (Zuckerbrod & Taubenfeld, New York City, of counsel), for defendant-appellant Mediafare.

Arthur Kokot, New York City (Kay, Collyer & Boose, New York City, of counsel), for plaintiff-appellee.

Before VAN GRAAFEILAND and PRATT, Circuit Judges, and RE, Chief Judge of the United States Court of International Trade, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

Defendants appeal from a judgment of the United States District Court for the Southern District of New York, Abraham D. Sofaer, Judge, enforcing what plaintiff characterizes as a fully consummated settlement agreement reached among the parties. In ordering enforcement the district court determined that the parties had reached "what both sides understood to be a final and binding agreement." Because we hold that no binding agreement...

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