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RADIX ORG'N, INC. v. MACK TRUCKS, INC.

No. 1051, Docket 79-7133.

602 F.2d 45 (1979)

RADIX ORGANIZATION, INC., and Macy-Cutler International Corp., Plaintiffs-Appellants, v. MACK TRUCKS, INC., and Mack Trucks Western Hemisphere Trade Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 5, 1979.

Attorney(s) appearing for the Case

Michael A. Lacher, P.C., New York City (Jill C. Lesser, New York City, of counsel), for plaintiffs-appellants.

Jeffrey N. Gordon, New York City (Clearly, Gottlieb, Steen & Hamilton, New York City, George Weisz, New York City, of counsel), for defendants-appellees.

Before OAKES and VAN GRAAFEILAND, Circuit Judges, and CARTER, District Judge.

VAN GRAAFEILAND, Circuit Judge:

On May 5, 1977, appellants commenced this action seeking money damages for appellees' breach of an oral contract. The complaint alleged that on April 1, 1975, "plaintiffs and defendants entered into an agreement whereby at the specific instance and request of the defendants, the plaintiffs undertook to make arrangements for the lease financing of a quantity of motor buses to be manufactured and sold by defendant to plaintiffs

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