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GRAPHIC SCANNING CORP. v. YAMPOL

No. 1258, Docket 88-7190.

850 F.2d 131 (1988)

GRAPHIC SCANNING CORP., Petitioner-Appellant, v. Barry YAMPOL, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 1, 1988.

Attorney(s) appearing for the Case

Mitchell J. Auslander, New York City (Gerald Kerner, Beverly A. Willett, Sabrina E. Allan, Willkie Farr & Gallagher, New York City, of counsel), for petitioner-appellant.

Jennifer Freeman, New York City (Joseph T. McLaughlin, Robert F. Dobbin, Edward Han, Jane E. Martindell, Siobhan E. Moran, Alan S. Goudiss, Shearman & Sterling, New York City, of counsel), for respondent-appellee.

Before OAKES, MESKILL and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

In March 1987, Barry Yampol brought suit in the United States District Court for the Southern District of New York against his former employer, Graphic Scanning Corp. ("Graphic"), which he had served as Chairman and Chief Executive Officer until May 1986, when he resigned pursuant to a settlement of a proxy contest for corporate control. His complaint alleged that Graphic breached certain stock option and incentive compensation agreements, particularly...

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