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ITT WORLD DIRECT., INC. v. CIA. EDITORIAL DE LISTAS, S.A.

No. 643, Docket 74-2367.

525 F.2d 697 (1975)

ITT WORLD DIRECTORIES, INC., Plaintiff-Appellant, v. CIA. EDITORIAL DE LISTAS, S.A. and Editorial de Guias Ltb., S.A., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 8, 1975.

Attorney(s) appearing for the Case

Alan Latman, New York City (Marvin S. Cowan, Jeffrey L. Rosenberg, and Cowan, Liebowitz & Latman, New York City, on the brief), for plaintiff-appellant.

Roger J. Hawke, New York City (James B. May, Thomas J. Mullaney, and Brown, Wood, Fuller, Caldwell & Ivey, New York City, on the brief), for defendants-appellees.

Before MULLIGAN, TIMBERS and GURFEIN, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered October 8, 1974 after a bench trial in a diversity action in the Southern District of New York, John M. Cannella, District Judge, the essential question is whether the district court erred in dismissing the complaint of an acquiring company which sought restitution of an allegedly mistaken overpayment made in connection with its acquisition of two other companies.

We hold that it did not...

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