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CMI-TRADING, INC. v. QUANTUM AIR, INC.

No. 95-1427.

98 F.3d 887 (1996)

CMI-TRADING, INC., Plaintiff-Appellee, v. QUANTUM AIR, INC., and Salvador Esquino, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 18, 1996.

Attorney(s) appearing for the Case

George W. Burnard (argued and briefed), Dean & Fulkerson, Troy, MI, for Plaintiff-Appellee.

Stanley M. Weingarden (argued and briefed), Partovich & Weingarden, Farmington Hills, MI, for Defendants-Appellants.

Before: RYAN and NORRIS, Circuit Judges; DOWD, District Judge.

RYAN, Circuit Judge.

Plaintiff CMI-Trading, Inc., brought an action for judgment on a promissory note (Count I) and for judgment for breach of a contemporaneous agreement (Count II) in the district court. The district court, exercising its diversity jurisdiction, granted plaintiff's motion for a directed verdict on Count I and submitted Count II to the jury, which found that the plaintiff had fulfilled its obligations and earned a commitment fee, but not a success...

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