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HAWLEY FUEL COALMART, INC. v. STEAG HANDEL GMBH

No. 689, Docket 85-7787.

796 F.2d 29 (1986)

HAWLEY FUEL COALMART, INC., and Hawley Fuel Coal, Inc., Plaintiffs-Appellants, v. STEAG HANDEL GMBH, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 15, 1986.

Attorney(s) appearing for the Case

George Berger, New York City, (Debra A. Roth, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, of counsel), for plaintiffs-appellants.

Herbert Rubin, New York City (Edward L. Birnbaum, Terry Myers, Barbara D. Goldberg, Herzfeld & Rubin, P.C., New York City, of counsel), for defendant-appellee.

Before FRIENDLY, OAKES, and WINTER, Circuit Judges.

OAKES, Circuit Judge:

This diversity case involves the question whether a combination of writings satisfied the New York statute of frauds. The United States District Court for the Southern District of New York, John E. Sprizzo, Judge, held that it did not and therefore set aside a jury verdict of $1,481,249.34 plus interest in favor of appellants Hawley Fuel Coalmart, Inc., and Hawley Fuel Coal, Inc. (jointly "Hawley"), in their suit against appellee, Steag Handel...

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