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BRITISH AM. & EASTERN CO., INC. v. WIRTH LTD.

No. 325, Docket 78-7412.

592 F.2d 75 (1979)

BRITISH AMERICAN & EASTERN CO., INC. and Frederick L. Sunley, Plaintiffs-Appellees, v. WIRTH LIMITED, Wirth Incorporated and Manfred F. Wirth, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 23, 1979.

Attorney(s) appearing for the Case

T. Barry Kingham, New York City (Pollack & Kaminsky, Daniel A. Pollack, Martin I. Kaminsky and Neil D. Thompson, New York City, on the brief), for plaintiffs-appellees.

J. Robert Lunney, New York City (Lunney & Crocco and James J. Deluca, New York City, on the brief), for defendants-appellants.

Before LUMBARD, MOORE and GURFEIN, Circuit Judges.

LUMBARD, Circuit Judge:

In this diversity case, defendants Wirth Limited, Wirth Incorporated, and Manfred F. Wirth ("Wirth") appeal from a judgment entered by Judge Knapp in the Southern District on July 10, 1978, after a bench trial, insofar as it dismissed Wirth's defenses and counterclaims and awarded damages for breach of contract totalling $27,085.84 to plaintiffs British American and Eastern Co., Inc. and Frederick L. Sunley ("Sunley").1

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