DAVID L. THRELKELD & CO. v. METALLGESELLSCHAFT LTD.

No. 359, Docket 90-7480.

923 F.2d 245 (1991)

DAVID L. THRELKELD & CO., INC., Plaintiff-Appellee, v. METALLGESELLSCHAFT LIMITED (LONDON), and Peter Montrose, and Terry Willsone, Defendants, METALLGESELLSCHAFT LIMITED (LONDON), Defendant-Counterclaimant-Appellant, v. DAVID L. THRELKELD & CO., INC., Counterclaim-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 15, 1991.


Attorney(s) appearing for the Case

John M. Quitmeyer (Rogers & Wells, New York City, Nancy A. Brown and Nancy L. Hahn, on the brief), for defendant-counterclaimant-appellant.

Robert B. Hemley (Gravel and Shea, Burlington, Vt., Norman Williams and Dennis R. Pearson, on the brief), for plaintiff-appellee.

Before LUMBARD, KEARSE and McLAUGHLIN, Circuit Judges.


McLAUGHLIN, Circuit Judge:

Plaintiff-appellee, David L. Threlkeld & Co., Inc. ("Threlkeld"), sues for damages allegedly incurred as a result of a breach of contract and negligent performance of the contract by defendant-appellant, Metallgesellschaft, Ltd. (London) ("MG").

Threlkeld sued MG, Peter Montrose, and Terry Willsone in the Vermont Superior Court.1 Threlkeld's complaint is that defendants negligently misvalued plaintiff...

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