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TRANSCONTINENTAL OIL CORP. v. TRENTON PRODUCTS CO.

Nos. 672, 785, Dockets 76-7465, 76-7467.

560 F.2d 94 (1977)

TRANSCONTINENTAL OIL CORPORATION, Trecon Oil Co. Ltd. and B. Edwin Sackett, Individually and as nominee, Plaintiffs-Appellees and Cross-Appellants, v. TRENTON PRODUCTS COMPANY, Bernard Fein, Herzfeld & Stern, Loeb, Rhoades & Co., Gerstley, Sunstein & Company, A. Arthur Weiss, Louis C. Fieland and Theresa Zappley, Defendants, Trenton Products Company and Bernard Fein, Defendants-Appellants and Cross-Appellees. TRENTON PRODUCTS COMPANY and Bernard Fein, Defendants and Third-Party Plaintiffs-Appellants and Cross-Appellees, v. Phillip P. GOODKIN, Louis Goodkin, Michael A. Roberts, David Frankel, James E. Davis, Paul A. Rossborough, J. Streicher & Company, Harry B. Leslie, Bertram F. Fagenson, Edwin B. Sackett and Fagenson and Frankel Company Incorporated, Additional Defendants-Appellees on Counterclaim.

United States Court of Appeals, Second Circuit.

Decided July 18, 1977.

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan, New York City (Frank G. Raichle, Buffalo, N. Y., and Gerald D. Fischer, New York City, of counsel), for defendants-appellants.

Kaufman, Taylor, Kimmel & Miller, New York City (Irwin M. Taylor, New York City, of counsel), for (1) plaintiffs-appellees and cross-appellants and (2) additional defendants-appellees on counterclaim.

Before ANDERSON and MESKILL, Circuit Judges, and MARKEY, Chief Judge, U. S. Court of Customs and Patent Appeals.

MARKEY, Chief Judge, U.S. Court of Customs and Patent Appeals.

This is an appeal by defendants, Trenton Products Company ("Trenton") and Bernard Fein, and a cross-appeal by plaintiffs, Transcontinental Oil Corporation ("Trans"), Trecon Oil Co. Ltd.1 and B. Edwin Sackett.2 Trenton and Fein appeal (1), from the judgment in favor of Trans against Fein, on Count 2, awarding $48,200 (plus interest) as damages resulting...

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