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LEO SPEAR CONSTRUCTION CO. v. FIDELITY & CAS. CO. OF N.Y.

No. 704, Docket 35696.

446 F.2d 439 (1971)

LEO SPEAR CONSTRUCTION COMPANY, Inc., Plaintiff-Appellee, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK and Brookfield-Baylor, a Joint Venture, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 1, 1971.

Attorney(s) appearing for the Case

Jack Hart, New York City (Hart & Hume, New York City, of counsel), for defendants-appellants.

Philip A. Kolvoord, Essex Junction, Vt. (Kolvoord & Overton, Essex Junction, Vt., of counsel), for plaintiff-appellee.

Before MOORE and SMITH, Circuit Judges, and TIMBERS, District Judge.

MOORE, Circuit Judge:

This is an appeal from a judgment awarding plaintiff damages under a quantum meruit theory of recovery in the amount of $90,845 plus interest of $5,910.99 and in addition $50,000 damages under a theory involving tortious interference with business relations.

On June 20, 1967, Leo Spear Construction Company (Spear), plaintiff herein, entered into a contract with F. H. McGraw and Company, Inc. (McGraw), the prime contractor in the construction...

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