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HARBORSIDE REFRIGERATED SERVICES, INC. v. VOGEL

No. 567, Docket 91-7783.

959 F.2d 368 (1992)

HARBORSIDE REFRIGERATED SERVICES, INC., Plaintiff-Appellant, v. Howard VOGEL; Edward Benenson, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 25, 1992.

As Amended March 18, 1992.

Attorney(s) appearing for the Case

Edwin M. Mulholland, Garden City, N.Y., for plaintiff-appellant.

Mark S. Arisohn, Goodkind, Labaton & Rudoff, New York City, for defendants-appellees.

Before: OAKES, WALKER, Circuit Judges, and PARKER, District Judge.

WALKER, Circuit Judge:

Plaintiff-appellant Harborside Refrigerated Services, Inc., ("Harborside") appeals from a judgment of the United States District Court for the Southern District of New York (Kevin Thomas Duffy, Judge), entered March 20, 1991, granting defendants-appellees Howard Vogel and Edward Benenson's ("Vogel and Benenson") motion for summary judgment and dismissing Harborside's complaint. We hold that the district court erred in denying Harborside relief...

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