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RACICH v. CELOTEX CORP.

No. 20, Docket 89-7164.

887 F.2d 393 (1989)

Jack P. RACICH and Gertrude C. Racich, Plaintiffs-Appellees, v. The CELOTEX CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 5, 1989.

Attorney(s) appearing for the Case

Andrew T. Berry, New York City (McCarter & English, Kalb Friedman Siegelbaum & Moran, New York City, Andrew Constantine II, Joel Slawotsky, of counsel), for defendant-appellant.

Richard P. Weisbeck, Jr., Buffalo, N.Y. (Lipsitz, Green, Fahringer, Roll, Schuller & James, of counsel), for plaintiffs-appellees.

Before FEINBERG and NEWMAN, Circuit Judges and MISHLER, District Judge.

FEINBERG, Circuit Judge:

The Celotex Corporation appeals from a judgment against it in favor of plaintiff Jack P. Racich, after a jury trial before Eugene H. Nickerson, J., in the United States District Court for the Eastern District of New York, and from an order denying Celotex's motion for judgment notwithstanding the verdict. The jury awarded plaintiff both compensatory damages and punitive damages but denied recovery for co-plaintiff Gertrude C. Racich, wife...

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