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AMERICAN PLASTIC EQUIPMENT, INC. v. CBS, INC.

No. 1210, Docket 89-7180.

886 F.2d 521 (1989)

AMERICAN PLASTIC EQUIPMENT, INC., Plaintiff-Appellant, v. CBS INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 28, 1989.

Attorney(s) appearing for the Case

James David Jacobs (Rosen, Dainow & Jacobs, New York City, of counsel), for plaintiff-appellant.

Douglas P. Jacobs (Anthony M. Bongiorno, Ronald E. Guttman, New York City, of counsel), for defendant-appellee.

Before LUMBARD, FEINBERG and KEARSE, Circuit Judges.

LUMBARD, Circuit Judge:

American Plastic Equipment, Inc. appeals from the judgment of the Southern District, which granted the summary judgment motion of the defendant CBS Inc. under Fed.R.Civ.P. 56 and dismissed American's complaint in its diversity suit against CBS for breach of contract, fraud and wrongful interference.

Judge Duffy found that American had not submitted evidence sufficient to show that American and CBS identified or agreed upon the specific...

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