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LEXINGTON PRODUCTS LTD. v. B. D. COMMUNICATIONS

No. 656, Docket 81-7606.

677 F.2d 251 (1982)

LEXINGTON PRODUCTS LIMITED, Plaintiff-Appellant, v. B. D. COMMUNICATIONS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 23, 1982.

Attorney(s) appearing for the Case

David G. Samuels, New York City (Butler, Fitzgerald & Potter, New York City, Raymond Fitzgerald, New York City, of counsel), for defendant-appellee.

Robert W. Cinque, New York City (Marshall, Morris, Powell & Silfen, New York City, Paul G. Marshall, James P. Cinque, New York City, of counsel), for plaintiff-appellant.

Before FEINBERG, Chief Judge, and LUMBARD and MANSFIELD, Circuit Judges.

LUMBARD, Circuit Judge:

In this diversity suit for breach of contract, plaintiff Lexington Products Limited ("Lexington") appeals from an award of one dollar in nominal damages against B.D. Communications, Inc. ("B.D.") by Judge Owen, Southern District of New York, entered July 17, 1981 after a two day non-jury trial. Judge Owen found that the damage suffered by Lexington was too speculative, and thus limited its recovery to nominal damages. We disagree. As we find...

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