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GARDNER v. FEDERATED DEPT. STORES, INC.

Nos. 1025, 1379, Dockets 89-9172, 90-7036.

907 F.2d 1348 (1990)

Jason B. GARDNER, Plaintiff-Appellee-Cross-Appellant, v. FEDERATED DEPARTMENT STORES, INC., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 10, 1990.

Attorney(s) appearing for the Case

A. Paul Goldblum, Brooklyn, N.Y. (Goldblum & DiCicco, Brooklyn, N.Y., Semel, Boeckmann, Diamond, Schepp & Yuhas, New York City, of counsel), for defendant-appellant-cross-appellee.

Robert L. Herbst, New York City, for plaintiff-appellee-cross-appellant.

Before PRATT and MINER, Circuit Judges, and RE, Judge.

MINER, Circuit Judge:

Defendant-appellant/cross-appellee Federated Department Stores, Inc. ("Federated") appeals from a judgment entered on December 4, 1989, after a jury trial in the United States District Court for the Southern District of New York (Knapp, J.). The jury found Federated liable to plaintiff-appellee/cross-appellant Jason B. Gardner for injuries arising from false imprisonment and battery by Federated's security personnel and awarded compensatory damages...

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