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LEBERMAN v. JOHN BLAIR & CO.

No. 1075, Docket 89-7075.

880 F.2d 1555 (1989)

Richard LEBERMAN, Plaintiff-Appellee, v. JOHN BLAIR & COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 25, 1989.

Attorney(s) appearing for the Case

Andrew B. Donnellan, Jr., New York City (Blair C. Fensterstock, New York City, of counsel), for defendant-appellant.

Craig P. Murphy, New York City (Windels, Marx, Davies & Ives, New York City, of counsel), for plaintiff-appellee.

James I.K. Knapp, Acting Asst. Atty. Gen., Gary R. Allen, Ann Belanger Durney, Calvin C. Curtis, Tax Div., Dept. of Justice, Washington, D.C., Benito Romano, U.S. Atty., S.D.N.Y., New York City, of counsel, for amicus curiae United States of America.

Before OAKES, Chief Judge, TIMBERS and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

John Blair & Company (Blair) appeals from a judgment of the United States District Court for the Southern District of New York, Kram, J., entered on January 4, 1989, after the court granted Richard Leberman's motion for summary judgment, denied Blair's cross-motion for summary judgment and awarded Leberman damages, attorney's fees and disbursements. Federal jurisdiction is based on diversity of citizenship of the parties. The judgment in...

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