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SURE-TRIP, INC. v. WESTINGHOUSE ENGINEERING

Nos. 721, 875, Dockets 94-7619, 94-7637.

47 F.3d 526 (1995)

SURE-TRIP, INC., Plaintiff-Appellant Cross-Appellee, v. WESTINGHOUSE ENGINEERING and Instrumentation Services Division, Defendants-Appellees, Westinghouse Electric Corporation, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 8, 1995.

Attorney(s) appearing for the Case

David C. Douglas, Lockport, NY (Jackson, Wilson & Douglas, of counsel), for plaintiff-appellant-cross-appellee Sure-Trip, Inc.

Paul K. Stecker, Buffalo, NY (Phillips, Lytle, Hitchcock, Blaine & Huber, of counsel), for defendants-appellees and defendant-appellee-cross-appellant Westinghouse Engineering and Instrumentation Services Div., Westinghouse Elec. Corp.

Before: CARDAMONE, PIERCE, and MINER, Circuit Judges.

CARDAMONE, Circuit Judge:

Plaintiff Sure-Trip, Inc. appeals from a judgment entered on May 20, 1994 in the District Court for the Western District of New York (Curtin, J.) granting it damages against defendants Westinghouse Electric Corporation and its Westinghouse Engineering and Instrumentation Services Division (collectively Westinghouse). Plaintiff contends the district court erred when it calculated contract damages using taxable income as plaintiff's measure...

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