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SPENCER v. CASAVILLA

No. 38, Docket 93-9356.

44 F.3d 74 (1994)

Ernestine SPENCER, individually as the mother of Samuel Benjamin Spencer III, deceased, and as Administratrix of the estate of Samuel Benjamin Spencer III, Samuel B. Spencer, Jr., father of Samuel Benjamin Spencer III, deceased, Plaintiffs-Appellants, v. Frank CASAVILLA, Cosmo Muriale, Frank D'Antonio, & Douglas Mackey, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 19, 1994.

Attorney(s) appearing for the Case

James I. Meyerson, New York City, for plaintiffs-appellants.

Before: NEWMAN, Chief Judge, KEARSE and CARDAMONE, Circuit Judges.

KEARSE, Circuit Judge:

This case returns to us after a jury trial and a judgment setting aside the jury's verdict on certain claims, following our remand in Spencer v. Casavilla, 903 F.2d 171 (2d Cir.1990) ("Spencer I"). Plaintiffs Ernestine Spencer and Samuel Spencer, Jr., appeal from so much of the final judgment of the United States District Court for the Southern District of New York, Kimba M. Wood, Judge,

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