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HEALTH-CHEM CORP. v. BAKER

Nos. 1589, 1632, Dockets 90-7338, 90-7372.

915 F.2d 805 (1990)

HEALTH-CHEM CORPORATION, Plaintiff-Appellant, v. Leon C. BAKER, Defendant-Appellee and Counterclaim Plaintiff-Cross-Appellant, v. HEALTH-CHEM CORPORATION, Counterclaim Defendant-Appellant, and Marvin M. Speiser, Additional Defendant on Counterclaim-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 28, 1990.

Attorney(s) appearing for the Case

Leon P. Gold (Mitchell J. Geller, Jonathan M. Landsman, Shea & Gould, New York City, of counsel), for appellant Health-Chem Corp. and cross-appellee Marvin M. Speiser.

Mathew E. Hoffman (Robert J. Schechter, Keck Mahin Cate & Koether, New York City, of counsel), for appellee-cross-appellant Leon C. Baker.

Before VAN GRAAFEILAND, MESKILL and WALKER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Health-Chem Corporation appeals from that portion of a summary judgment of the United States District Court for the Southern District of New York (Duffy, J.) which dismissed its complaint against Leon C. Baker and awarded Baker $18,129,008.93 on his counterclaim against Health-Chem. 737 F.Supp. 770 (1990). Baker appeals from that portion of the judgment which dismissed his counterclaim against Marvin...

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