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KAUFMAN v. DIVERSIFIED INDUSTRIES, INC.

No. 669, Docket 71-1859.

460 F.2d 1331 (1972)

Aubrey KAUFMAN, Plaintiff-Appellee, v. DIVERSIFIED INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 22, 1972.

Attorney(s) appearing for the Case

Robert M. Trien, New York City (Philip Handelman, New York City and Halpin, Keogh & St. John, New York City, of counsel), for plaintiff-appellee.

Lawrence M. Powers, New York City (Steven E. Gross, New York City, and Powers & Gross, New York City, of counsel), for defendant-appellant.

Before KAUFMAN, ANDERSON and MANSFIELD, Circuit Judges.

IRVING R. KAUFMAN, Circuit Judge:

In the main, this appeal presents a narrow and highly technical question of contract damages. The law of damages, however, does not lend itself to easy application or simplistic formulations, as our discussion will reveal, and an exposition of the complexities in this difficult case does not make for light reading.

In May 1968, Aubrey Kaufman and the five other shareholders of Datatron Processing, Inc. ("Datatron") sold their...

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