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ROTOLO v. DIGITAL EQUIPMENT CORP.

Docket No. 97-7817.

150 F.3d 223 (1998)

Jeanette ROTOLO, Plaintiff-Appellee, v. DIGITAL EQUIPMENT CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 24, 1998.

Attorney(s) appearing for the Case

Steven J. Phillips, New York City (Alani Golanski, Stephenie L. Bross, Levy, Phillips & Konigsberg, LLP, New York City, of counsel), for Plaintiff-Appellee.

Sheila L. Birnbaum, New York City (Loring I. Fenton, Craig M. Deitelzweig, Skadden, Arps, Slate, Meagher & Flom LLP; Kenneth J. King, Charna L. Gerstenhaber, Brobeck, Phleger & Harrison LLP, New York City, of counsel) for Defendant-Appellant.

Brian C. Elmer, Victor E. Schwartz, Mark A. Behrens, Barry M. Parsons, Crowell & Moring LLP, Washington, DC, submitted a brief for Product Liability Advisory Council, Inc., Reston, Virginia, amicus curiae.

Before: VAN GRAAFEILAND, MESKILL and CABRANES, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Digital Equipment Corporation appeals from a $293,385 judgment in favor of Jeanette Rotolo (hereinafter "Rotolo") which followed a jury trial in the United States District Court for the Eastern District of New York before Judge Weinstein. For the reasons that follow, we vacate the judgment and remand to the district court for retrial.

From February 1992 to September 1993, Rotolo was employed as an accounts receivable clerk at...

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