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AEROPULSE, INC. v. ARMSTRONG & BROOKS, LTD.

No. 89-CV-0677(ERK).

740 F.Supp. 938 (1990)

AEROPULSE, INC., Plaintiff, v. ARMSTRONG & BROOKS, LTD., David E. Flatow and Flatow and Company, Inc. d/b/a D.E.F. Brokerage Facility, Inc., Defendants.

United States District Court, E.D. New York.

June 8, 1990.

Attorney(s) appearing for the Case

Kohn, Savett, Klein & Graf, P.C. by Harold E. Kohn, Joseph C. Kohn, Denis F. Sheils, Philadelphia, Pa., for plaintiff.

Ohrenstein & Brown by Mark J. Bunim, Geoffrey W. Heineman, Peter J. Biging, New York City, for defendants.

KORMAN, District Judge.

Plaintiff is a manufacturer of air pollution equipment. In late 1984, pursuant to a bid it wished to submit to the State of Colorado, plaintiff was required to obtain a surety bond to guarantee its payment and performance. Plaintiff's Vice President of Operations, John B. Hamblin, contacted Bruce Allen to seek his assistance in obtaining the bond. Allen was "an insurance producer" who advised clients "on how to deal with surety companies, how...

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