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CABLE SCIENCE CORP. v. ROCHDALE VILLAGE, INC.

No. 69, Docket 90-7283.

920 F.2d 147 (1990)

CABLE SCIENCE CORPORATION, Plaintiff-Appellant, v. ROCHDALE VILLAGE, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 29, 1990.

Attorney(s) appearing for the Case

Jeffrey Craig Miller (Miller & Korzenik, New York City, of counsel), for plaintiff-appellant.

Kevin J. McGill (Carlyle M. Dunaway, Jr., Suzanne B. Seiden, Clifton Budd & DeMaria, New York City, of counsel), for defendant-appellee.

Before FEINBERG and CARDAMONE, Circuit Judges, and CABRANES, District Judge.

CARDAMONE, Circuit Judge:

The issue raised on this appeal from a grant of summary judgment is whether the district court in construing a contract, by ascertaining the intent of the parties, resolved disputed issues instead of determining under Rule 56(c) whether they existed. What was said and what was done by the parties is not in dispute, but the inferences that may reasonably be drawn from those actions is far from clear...

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