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BRUNSWICK CORP. v. WAXMAN

No. 601, Docket 78-7485.

599 F.2d 34 (1979)

BRUNSWICK CORPORATION, Plaintiff-Appellant, v. Harry WAXMAN and Evelyn Waxman, Harry Waxman, Benne Katz, Martin C. Barrell, as Executors of the Estate of Sydney W. Waxman, Deceased, said Harry Waxman and Sydney W. Waxman, being sued individually and as co-partners doing business as Turnpike Lanes, Pike Lanes, Inc., and Waxman Construction Corp., and Jack Verschleiser, as guardian ad litem of Defendant Harry Waxman, in said representative capacity only, Defendants-Appellees (two cases).

United States Court of Appeals, Second Circuit.

Decided May 21, 1979.

Attorney(s) appearing for the Case

Frederick Newman, New York City (Blumberg, Singer, Ross, Gottesman & Gordon, Alfred K. Kestenbaum, Betsy F. Woolf, New York City, of counsel), for plaintiff-appellant.

Daniel Eisenberg, New York City (Moses & Singer, Eugene I. Farber, Theodore S. Green, New York City, of counsel), for defendants-appellees.

Before MULLIGAN, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

MULLIGAN, Circuit Judge:

Brunswick Corporation (Brunswick) appeals from an order and judgment of the Hon. John R. Bartels, United States District Court for the Eastern District of New York, dismissing the complaint and entering judgment for the defendants after a trial without a jury. Brunswick brought this diversity action against the individual defendants seeking over a million dollars in damages. This amount represents the deficiency due under conditional sales...

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