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R.B. VENTURES, LTD. v. SHANE

No. 788, Docket No. 96-7669.

112 F.3d 54 (1997)

R.B. VENTURES, LTD., Plaintiff-Appellant, v. Simon R. SHANE, Defendant-Cross-Defendant-Cross-Claimant-Appellee, Gerald M. Ronson, Defendant-Cross-Defendant, Heron International, PLC, Heron Financial Corporation, Defendant-Cross-Claimant-Cross-Defendant.

United States Court of Appeals, Second Circuit.

Decided April 21, 1997.

Attorney(s) appearing for the Case

James R. Kahn, Bondy & Schloss, LLP, New York City (Joel S. Forman, New York City) for Plaintiff-Appellant R.B. Ventures, Ltd.

Robert N. Chan, Ferber, Greilsheimer, Chan, & Esnner, New York City, for Defendant-Appellee Simon R. Shane

Before KEARSE and CABRANES, Circuit Judges, and KELLEHER, District Judge.

KELLEHER, District Judge:

Plaintiff R.B. Ventures, Inc. ("RBV") appeals from a judgment of the United States District Court for the Southern District of New York (Charles S. Haight, Jr., Judge) granting defendants' motion for summary judgment on all counts. We have jurisdiction in this diversity action pursuant to 28 U.S.C. § 1332(a)(1) and 28 U.S.C. § 1291. The district court erred, RBV contends, by improperly applying a "heightened" evidentiary...

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