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AUSTIN INSTRUMENT v. LORAL CORP.

35 A.D.2d 387 (1970)

Austin Instrument, Inc., Respondent, v. Loral Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 17, 1970.

Attorney(s) appearing for the Case

Alvin A. Simon for appellant.

Herbert L. Ortner of counsel (Morris Dershowitz with him on the brief; Salon, Ortner, Yavers, Dershowitz & Raybin, attorneys), for respondent.

MARKEWICH and McNALLY, JJ., concur with EAGER, J. P.; STEUER, J., dissents in opinion in which NUNEZ, J., concurs.

EAGER, J. P.

Following a trial before Honorable THOMAS A. AURELIO, Special Referee, the plaintiff (Austin) was awarded judgment for the full amount of the balance owing under sub-contracts with defendant (Loral), including agreed upon price increases, for the manufacture and delivery of precision gear parts and assemblies used in connection with a quantity of radar dopplers which Loral had agreed to furnish for...

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