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ELECTRONIC SWITCHING IND. v. FARADYNE ELECTRONICS

Nos. 703, 874, Docket Nos. 86-7828, 86-7850.

833 F.2d 418 (1987)

ELECTRONIC SWITCHING INDUSTRIES, INC., Plaintiff-Appellant, Cross-Appellee, v. FARADYNE ELECTRONICS CORP., Mansol Ceramics Corp., Gayshen Corporation and Total Tel USA a division of Gayshen Corporation, Defendants-Appellees. Gayshen Corporation, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 13, 1987.

Attorney(s) appearing for the Case

Susan Pernick, Jericho, N.Y. (Semon & Mondshein, Jericho, N.Y.), for plaintiff-appellant-cross-appellee.

Jeffrey Daichman, New York City (Grutman Miller Greenspoon & Hendler, New York City, Joseph Santora, of counsel), for defendants-appellees and defendant-appellee-cross-appellant.

Before OAKES, MESKILL and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

This litigation is based upon two contracts dated October 14, 1982 between plaintiff, a New York corporation, and defendant Gayshen Corporation ("Gayshen"). One contract (the "Purchase Contract"), supplemented by purchase orders dated February 7, 1983 and March 21, 1983 on the letterhead of defendant Mansol Ceramics Company ("Mansol"),1 was for the purchase by Gayshen from plaintiff of a "least cost" telephone routing...

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