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RECORD CLUB OF AMERICA v. UNITED ARTISTS RECORDS

Nos. 1149, 1291, Dockets 89-7039, 89-7041.

890 F.2d 1264 (1989)

RECORD CLUB OF AMERICA, INCORPORATED, Plaintiff-Appellee, Cross-Appellant, v. UNITED ARTISTS RECORDS, INCORPORATED, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 20, 1989.

Attorney(s) appearing for the Case

Harold F. McGuire, New York City (McGuire & Tiernan, and Nancy G. Grossman, New York City, on the brief), for plaintiff-appellee, cross-appellant.

Daniel R. Murdock, New York City (John D. Worland, Jr., Richard J. DeMarco, Jr., Gregory J. Kilkenny, Donovan Leisure Newton & Irvine, Phillips, Nizer, Benjamin, Krim & Ballon, New York City, on the brief), for defendant-appellant, cross-appellee.

Before FEINBERG and KEARSE, Circuit Judges, and BARTELS, Senior District Judge.

KEARSE, Circuit Judge:

Defendant United Artists Records, Inc. ("United" or "UAR"), appeals from a judgment entered in the United States District Court for the Southern District of New York pursuant to Fed.R.Civ.P. 54(b), after bench trials on liability and damages before William C. Conner, Judge, awarding plaintiff Record Club of America, Inc. ("Record Club"), $3,518,865.36, including interest and net of certain setoffs, for losses resulting from United's anticipatory...

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