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EOI ELECTRONICS, INC. v. XEBEC

Nos. 450, 544, Dockets 85-7672, 85-7674.

785 F.2d 391 (1986)

EOI ELECTRONICS, INC., SAI Semispecialists of America, Inc., Plaintiffs-Appellees, v. XEBEC, a corporation, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 6, 1986.

Attorney(s) appearing for the Case

Michael L. Paikin, New York City (Michael L. Paikin, P.C., Nixon, Hargrave, Devans & Doyle, Abigail T. Reardon, New York City, Baker & McKenzie, Howard F. Fine, San Francisco, Cal., of counsel), for plaintiffs-appellees.

Andrew J. Wistrich, Palo Alto, Cal. (Brown & Bain, Palo Alto, Cal., Brown & Bain, P.A., Jack E. Brown, John A. Buttrick, Richard Lustiger, Phoenix, Ariz., Hertzog, Calamari & Gleason, Peter E. Calamari, New York City, of counsel), for defendant-appellant.

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

LUMBARD, Circuit Judge:

Defendant Xebec, a California high-tech corporation, appeals various rulings made by Judge Leonard D. Wexler during and after a six day jury trial in the Eastern District. Plaintiffs EOI Electronics, Inc. ("EOI") and SAI Semispecialists of America ("SAI"), two New York corporations, brought this diversity action for breach of contract to recover payment for shipments of electronics parts that Xebec allegedly accepted. The jury awarded $950...

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