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FULLER v. FASIG-TIPTON CO., INC.

No. 15, Docket 78-7121.

587 F.2d 103 (1978)

C. T. FULLER and Louisiana Stud, Inc., Plaintiffs-Appellants, v. FASIG-TIPTON COMPANY, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 9, 1978.

Attorney(s) appearing for the Case

Jerry J. Strochlic, New York City (Sage, Gray, Todd & Sims, New York City, of counsel), for plaintiffs-appellants.

Gerald W. Jarrett, Garden City, N. Y. (Hall, Dickler, Lawler, Kent & Howley, Garden City, N. Y., of counsel), for defendant-appellee.

Before SMITH, FEINBERG and MANSFIELD, Circuit Judges.

MANSFIELD, Circuit Judge:

In this diversity suit for damages based on claims of conversion, breach of fiduciary duty, money had and received and breach of contract, which arises out of the sale of horses owned by plaintiffs-appellants at the annual "Saratoga Yearling Sale" in 1974, plaintiffs appeal from an order of the Eastern District of New York, Thomas C. Platt, Judge, granting defendant's motion for summary judgment dismissing the complaint pursuant to Rule 56...

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