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MERLITE INDUSTRIES, INC. v. VALASSIS INSERTS, INC.

Nos. 331, 511, Dockets 93-7305, 93-7337.

12 F.3d 373 (1993)

MERLITE INDUSTRIES, INC., Plaintiff-Appellant-Cross-Appellee, v. VALASSIS INSERTS, INC., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 20, 1993.

Attorney(s) appearing for the Case

Jay D. Lukowski, New York City (Murray L. Skala, Bruce Robins, Feder, Kaszovitz, Isaacson, Weber & Skala, of counsel), for plaintiff-appellant.

Michael Murphy, New York City (Robert P. Devlin, James B. Blaney, Andrew D. Manitsky, Reboul, MacMurray, Hewitt, Maynard & Kristol, of counsel), for defendant-appellee.

Before: VAN GRAAFEILAND, WALKER and JACOBS, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Merlite Industries, Inc. appeals from a judgment of the United States District Court for the Southern District of New York (Martin, J.) awarding it $16,808 for its out-of-pocket expenses caused by Valassis Inserts, Inc.'s breach of contract. Merlite's appeal is limited to the district court's dismissal on motion of its claim for lost profits. Valassis cross-appeals from the entire judgment. We affirm the finding of liability and the...

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