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MAY DEPT. STORES CO. v. INTERNATIONAL LEASING CORP., INC.

No. 1630, Docket No. 93-7106.

1 F.3d 138 (1993)

MAY DEPARTMENT STORES COMPANY, doing business as Venture Stores, Plaintiff-Appellant, v. INTERNATIONAL LEASING CORP., INC., and Arnold Frumin, Defendants-Third-Party-Plaintiffs-Appellees, Willing Group, Inc., and Louis Goldstein, Third-Party-Defendants.

United States Court of Appeals, Second Circuit.

Decided August 3, 1993.

Attorney(s) appearing for the Case

Warren S. Landau, Smithtown, NY (David M. Ardam, Spada, Ardam, & Ershowsky, P.C., Smithtown, NY, of counsel), for plaintiff-appellant.

William J. Coury, Brooklyn, NY (Samuel L. Hagan, Hagan, Poch & Coury, of counsel), for defendants-third-party-plaintiffs-appellees.

Before: KEARSE, MINER and ALTIMARI, Circuit Judges.

MINER, Circuit Judge:

Plaintiff-appellant May Department Stores Company ("May") brought this diversity action in June of 1988, in the United States District Court for the Southern District of New York (Haight, J.), against defendant-third-party-plaintiff-appellee International Leasing Corp., Inc. ("ILC") for breach of contract and against defendant-third-party-plaintiff-appellee Arnold Frumin for fraud. The gravamen of May's complaint was that ILC delivered less than...

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