SEQUA CORP. v. GBJ CORP.

Nos. 97-7424, 97-7478, 97-7692.

156 F.3d 136 (1998)

SEQUA CORPORATION and Sequa Capital Corporation, Plaintiffs-Appellants-Cross-Appellees, v. GBJ CORPORATION, Jeffrey J. Gelmin, and Topaz Capital Corporation, Defendants-Appellees-Cross-Appellants. GBJ CORPORATION, Jeffrey J. Gelmin, and Topaz Capital Corporation, Defendants-Appellants, v. BUTLER, FITZGERALD & POTTER, A Professional Corporation, Appellee.

United States Court of Appeals, Second Circuit.

Decided August 20, 1998.


Attorney(s) appearing for the Case

David M. Brodsky, Schulte, Roth & Zabel LLP, New York City (Brooks R. Burdette, Jennifer Trahan, Jon Gordon, on the brief), for Sequa Corp. and Sequa Capital Corp.

Charles B. Manuel, Jr. and James C. Jones, New York City, for GBJ Corp., Jeffrey J. Gelmin, and Topaz Capital Corp.

Stuart L. Potter, Butler, Fitzgerald & Potter, New York City (David J. McCarthy on the brief), for Butler, Fitzgerald & Potter.

Before: CARDAMONE, CABRANES and HEANEY, Circuit Judges.


JOSE A. CABRANES, Circuit Judge:

On March 26, 1997, final judgment was entered in the United States District Court for the Southern District of New York (Deborah A. Batts, Judge) following a trial to the bench in this civil action involving claims for, inter alia, racketeering, fraud, and breach of fiduciary duty, counterclaims for breach of contract, and an intervening dispute over fees owed to retained counsel discharged mid-trial. The action arose...

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