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DURHAM INDUSTRIES, INC. v. NORTH RIVER INS. CO.

Nos. 201, 271, Dockets 81-7305, 81-7395.

673 F.2d 37 (1982)

DURHAM INDUSTRIES, INC., Plaintiff-Appellee-Cross-Appellant, v. The NORTH RIVER INSURANCE COMPANY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 25, 1982.

Attorney(s) appearing for the Case

Philip Schlau, New York City (Newman & Schlau, P.C., and John W. Manning, New York City on the brief) for defendant-appellant-cross-appellee.

Lawrence Lauer, New York City, for plaintiff-appellee-cross-appellant.

Before MOORE, TIMBERS and VAN GRAAFEILAND, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

The North River Insurance Company appeals from a $32,558.21 judgment of the United States District Court for the Southern District of New York, which followed a jury award of damages in prima facie tort to Durham Industries, Inc., and from Judge Sweet's denial of North River's motion for judgment n.o.v. Durham cross-appeals from Judge Sweet's orders which dismissed Durham's cause of action for punitive damages and denied Durham's motion...

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