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MEREX A.G. v. FAIRCHILD WESTON SYSTEMS, INC.

No. 1817, Docket 93-9286.

29 F.3d 821 (1994)

MEREX A.G.; Merex Corporation and Peter C. Lachmann, Plaintiffs-Appellants, v. FAIRCHILD WESTON SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 14, 1994.

Attorney(s) appearing for the Case

Daniel J. O'Callaghan, New York City, for plaintiffs-appellants.

Roy A. Klein, Old Bethpage, NY, for defendant-appellee.

Before: McLAUGHLIN and JACOBS, Circuit Judges, and WEINSTEIN, Senior District Judge.

McLAUGHLIN, Circuit Judge:

Merex A.G. ("Merex") appeals from a judgment entered in the United States District Court for the Southern District of New York (Mary Johnson Lowe, Judge) dismissing its complaint seeking damages under an oral commission agreement. Merex argues, among other things, that the district court abused its discretion by declaring the jury verdict on its promissory estoppel claim advisory only, under Federal Rule 39(c), and by waiting until...

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