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McGUIRE v. RUSSELL MILLER, INC.

Nos. 1478, 1647, Dockets 93-7011, 93-7031.

1 F.3d 1306 (1993)

Richard A. McGUIRE, individually and derivatively on behalf of John P. Tilden, Ltd., Plaintiff-Appellee, Cross-Appellant, v. RUSSELL MILLER, INC. and Russell Miller, Inc. of New York, Defendants, J. Robert Wilson, Gerald I. Benson, John J. McGowan and John P. Tilden, Ltd., Defendants-Appellants, Cross-Appellees. RUSSELL MILLER, INC. OF NEW YORK, Counter-Claimant, v. RUSSELL MILLER, INC. and John P. Tilden, Ltd., Counter-Defendants.

United States Court of Appeals, Second Circuit.

Decided July 13, 1993.

Attorney(s) appearing for the Case

William D. Wall, Uniondale, NY (F. Judith Hepworth, Dina Talmor Miller, Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P.C., of counsel), for defendants-appellants, cross-appellees.

Frank Ambrosino, Babylon, NY (Irving Like, Reilly, Like, Tenety & Ambrosino, of counsel), for plaintiff-appellee, cross-appellant.

Before: WINTER and JACOBS, Circuit Judges, and MUKASEY, District Judge.

MUKASEY, District Judge:

Defendants appeal and plaintiff cross-appeals from a judgment of the United States District Court for the Southern District of New York (Sweet, J.) that awarded $313,807 to defendants on their counterclaims arising from misrepresentations by plaintiff during negotiation of a merger of two insurance companies — Richard A. McGuire Associates, Inc. ("McGuire"), owned by plaintiff Richard A. McGuire, and John P. Tilden, Ltd. ("Tilden")...

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