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NATIONWIDE LIFE INS. v. BANKERS LEASING ASS'N,

No. 98-7919, 98-7959.

182 F.3d 157 (1999)

NATIONWIDE LIFE INSURANCE COMPANY, Plaintiff-Appellee-Cross-Appellant, v. BANKERS LEASING ASSOCIATION, INC., Defendant-Cross-Claimant-Cross-Defendant-Appellee, Hearst/ABC Viacom Entertainment Services, Defendant-Cross-Defendant-Cross-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 1, 1999.

Attorney(s) appearing for the Case

Robert L. Tofel, Tofel & Partners, P.C., New York, N.Y. (Mark A. Lopeman, Lawrence E. Tofel, of counsel), for Defendant-Cross-Defendant-Cross-Claimant-Appellant.

Allan B. Taylor, Day, Berry & Howard, LLP, Hartford, CT, for Plaintiff-Appellee-Cross-Appellant.

Glenn Seiden, Glenn Seiden & Associates, P.C., Chicago, IL, for Defendant-Cross-Claimant-Cross-Defendant-Appellee.

Before: VAN GRAAFEILAND, JACOBS and STRAUB, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge.

On this appeal, we are asked to decide whether the district court's award by summary judgment of damages in the somewhat unusual amount of $5,478,207 can withstand challenge. For the reasons that follow, we hold that it cannot.

The record on appeal is substantial—the appendix is 2,331 pages in length. Evidence in such volume imposes burdens on a court weighing summary judgment disposition. However, even when determinative...

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