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TONGKOOK AMERICA, INC. v. SHIPTON SPORTSWEAR CO.

No. 1446, Docket 92-9366.

14 F.3d 781 (1994)

TONGKOOK AMERICA, INC., Plaintiff-Appellee, v. SHIPTON SPORTSWEAR COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 26, 1994.

Attorney(s) appearing for the Case

Jed R. Schlacter, New York City (Bret I. Herman, Schlacter & Schlacter, New York City, of counsel), for plaintiff-appellee.

Jeffrey Weinberger, New York City (Scott H. Wyner, Abraham Y. Skoff, Mitchell B. Reiter, Winick & Rich, P.C., New York City, of counsel), for defendant-appellant.

Before: MESKILL, PIERCE and WALKER, Circuit Judges.

PIERCE, Circuit Judge:

Shipton Sportswear Company ("Shipton") appeals from a judgment entered in the United States District Court for the Southern District of New York (Miriam G. Cedarbaum, Judge). Tongkook America, Inc., ("Tongkook") commenced this diversity action in the district court alleging breach of contract by Shipton and demanding judgment in the sum of $117,621.05, plus interest. During the course of pre-trial discovery it became clear that the actual...

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