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WASTEMASTERS v. DIVERSIFIED INVESTORS SERVICES

Docket No. 97-9338.

159 F.3d 76 (1998)

WASTEMASTERS, INC., formerly known as F & E Resource Systems Technology, Inc., Plaintiff-Counter-Defendant-Appellee, v. DIVERSIFIED INVESTORS SERVICES OF NORTH AMERICA, INC., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 20, 1998.

Attorney(s) appearing for the Case

Richard L. Dorff, Mintz & Fraade P.C., New York, NY, for Defendant-Counter-Claimant-Appellant.

Michele A. Connaugton, Morgan, Lewis & Bockius, LLP, New York, NY (John M. Linsenmeyer and John J. O'Donnell, on the brief), for Plaintiff-Counter-Defendant-Appellee.

Before: CALABRESI and STRAUB, Circuit Judges, and TSOUCALAS, Judge.

CALABRESI, Circuit Judge:

Diversified Investors Services of North America, Inc. ("Diversified") appeals from a judgment of the United States District Court for the Southern District of New York (Andrew J. Peck, Magistrate Judge) entered on September 25, 1997, which, following a bench trial, granted declaratory relief to Wastemasters, Inc. ("Wastemasters"). The court set aside a contract between Wastemasters and Diversified, and rejected Diversified's breach...

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