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ESQUIRE RADIO & ELECTRONICS v. MONTGOMERY WARD

No. 1245, Docket 86-7114.

804 F.2d 787 (1986)

ESQUIRE RADIO & ELECTRONICS, INC., Plaintiff-Appellee, v. MONTGOMERY WARD & CO., INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 5, 1986.

Attorney(s) appearing for the Case

Patricia Hatry, New York City (Michael C. Lasky, Jeffrey M. Platte, Davis & Gilbert, New York City, of counsel), for plaintiff-appellee.

Ronald S. Platt, New York City (Theodore Gilbert, Kenneth A. Finder, Peter B. Croly, New York City, of counsel), for defendant-appellant.

Before NEWMAN, CARDAMONE and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

In this diversity action, Montgomery Ward & Co., Inc. ("Ward") appeals from a judgment entered after a seven-day jury trial in the United States District Court for the Eastern District of New York, Jack B. Weinstein, Chief Judge, awarding plaintiff-appellee Esquire Radio & Electronics, Inc. ("Esquire") $4,230,507.70 plus interest as of January 3, 1984, the date of anticipatory repudiation...

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