ENERCOMP, INC. v. McCORHILL PUB., INC.

Nos. 82, 83, 108 and 109, Dockets 88-7323, 88-7349, 88-7353 and 88-7357.

873 F.2d 536 (1989)

ENERCOMP, INC., Stephen Flaks and Javid Corporation, Plaintiffs-Appellees, v. McCORHILL PUBLISHING, INC., Gerald H. Cahill, the Cahill Trust, George McPhillips, Terence Corwin, Harris Freedman, S & H Business Consultants and Meridian Productions, Inc., Defendants. Appeal of Harris FREEDMAN, McCorhill Publishing, Inc., Meridian Productions, Inc., Terence Corwin, George B. McPhillips and the Cahill Trust, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 11, 1989.


Attorney(s) appearing for the Case

Paul Chernis, New York City (Richard Feiner, Nina Hutchison, Lowy & Chernis, P.C., New York City, of counsel), for defendants-appellants McCorhill Pub., Inc. and Meridian Productions, Inc.

Joseph Stim, Huntington, N.Y. (Stim & Warmuth, P.C., Huntington, N.Y., of counsel), for defendant-appellant Harris Freedman.

Linda B. Cahill, New York City (George B. McPhillips, McPhillips & Brady, P.C., Mineola, N.Y., of counsel), for defendants-appellants Terence Corwin, George B. McPhillips and The Cahill Trust.

William B. Gazi, Iselin, N.J. (Foley, Gazi & Jorgenson, Iselin, N.J.), for plaintiffs-appellees Enercomp, Inc., Stephen Flaks and Javid Corp.

Before OAKES, Chief Judge, NEWMAN, Circuit Judge, and REENA RAGGI, District Judge.


REENA RAGGI, District Judge:

This case has its origin in the parties' unsuccessful 1984-85 attempt to merge Enercomp, Inc. with McCorhill Publishing, Inc. McCorhill and its individual stockholders, George B. McPhillips, Terence R. Corwin and the Cahill Trust ("McCorhill stockholders") appeal from a final judgment of $500,000 entered against them on December 11, 1987 by Judge Cannella after a jury in the Southern District of New York found them liable for breach of...

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