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TEEN-ED, INC. v. KIMBALL INTERN., INC.

Nos. 79-1324, 79-1325.

620 F.2d 399 (1980)

TEEN-ED, INC., trading as New Jersey Piano and Organ Co., Appellant in No. 79-1324, v. KIMBALL INTERNATIONAL, INC., and Edward Cohen, Individually and trading as The Piano Factory. TEEN-ED, INC., trading as New Jersey Piano and Organ Co. v. KIMBALL INTERNATIONAL, INC., and Edward Cohen, Individually and trading as The Piano Factory, Cross-Appellant in No. 79-1325.

United States Court of Appeals, Third Circuit.

Decided April 23, 1980.

Attorney(s) appearing for the Case

Edwin B. Barnett (argued), Barry A. Brown, Strong, Barnett, Hayes & Hamilton, Philadelphia, Pa., Dante J. Sarubbi, Camden, N. J., for appellant Teen-Ed, Inc.

Alfred H. Wilcox (argued), Janet G. Perry, Joel Smith, Pepper, Hamilton & Scheetz, Philadelphia, Pa., George F. Kugler, John B. Kearney, Jeff Masin, Archer, Greiner & Read, Haddonfield, N. J., for cross-appellant Kimball International, Inc.

Before ALDISERT and GIBBONS, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

A retailer appeals, in this diversity case, from an award of one dollar after a trial for breach of contract against a former supplier. Although the jury found the supplier liable for breach of contract, the retailer was precluded from offering basic damages testimony, with the result that a verdict for nominal damages was directed for the retailer. The failure of proof resulted from the trial court's rulings...

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