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FREQUENCY ELECTRONICS v. NAT. RADIO CO., INC.

No. 52, Docket 76-7083.

546 F.2d 497 (1976)

FREQUENCY ELECTRONICS, INC., Plaintiff-Appellee, v. NATIONAL RADIO COMPANY, INC., Defendant, and Louis Lerner, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 9, 1976.

Attorney(s) appearing for the Case

Arnold S. Schickler, New York City (Vincenti & Schickler, Jesse A. Epstein, New York City, of counsel), for plaintiff-appellee.

Edwin J. Carr, Boston, Mass. (Rich, May & Bilodeau, Boston, Mass., Willkie, Farr & Gallagher, Chester J. Straub, New York City, Local Counsel), for defendant-appellant.

Before WATERMAN, FRIENDLY and MULLIGAN, Circuit Judges.

PER CURIAM.

This appeal is from a judgment of the United States District Court for the Southern District of New York, entered after a bench trial before Judge Charles L. Brieant, Jr. The trial court determined that a $325,000 note given by plaintiff-appellee Frequency Electronics, Inc., to National Radio Company, Inc., and subsequently acquired by defendant-appellant Lerner was non-enforceable. It also ordered, after finding that Lerner defrauded the appellee, a partial...

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