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WHITNEY v. CITIBANK, N.A.

Nos. 369, 488, Docket 84-9037, 85-7013.

782 F.2d 1106 (1986)

Robert B. WHITNEY, Individually and as Partner of Urban Recycle One Associates, A New York General Partnership and Urban Recycle One Associates, A New York General Partnership, Plaintiffs-Appellees, Cross-Appellants, v. CITIBANK, N.A., Carl Berger and Richard Timpone, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 23, 1986.

Attorney(s) appearing for the Case

Robert A. Wayne, Newark, N.J. (Robinson, Wayne, Levin, Riccio & LaSala, Newark, N.J., Robert Walsh, New York City, of counsel), for defendant-appellant, cross-appellee Citibank.

Josephine L. Iselin, New York City (John C. Lankenau, Harriette K. Dorsen, Lankenau Kovner & Bickford, New York City, of counsel), for plaintiff-appellee, cross-appellant Robert Whitney.

Before FRIENDLY, MANSFIELD and PRATT, Circuit Judges.

MANSFIELD, Circuit Judge:

Citibank, N.A. appeals from a judgment of the Southern District of New York, entered after a bench trial before Chief Judge Constance Baker Motley, awarding compensatory and punitive damages against it in this diversity action based on its inducement of and knowing participation in a breach of fiduciary duty on the part of co-defendants Carl Berger and Richard Timpone. The amended complaint also asserted claims of fraud, civil conspiracy...

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