NEW YORK v. JULIUS NASSO CONCRETE CORP.

Docket Nos. 98-9218, 98-9226, 98-9262.

202 F.3d 82 (2000)

State of NEW YORK, Plaintiff-Appellant-Cross-Appellee, v. JULIUS NASSO CONCRETE CORP.; Nasso/S & A, a Joint Venture; and Nicholas Auletta, Defendants-Appellees-Cross-Appellants, Edward J. Halloran; S & A Concrete Co., Inc.; S & A Structures, Inc.; A & S Structures, Inc.; A & S Concrete Co.; and Alvin O. Chattin, Defendants-Appellees, Cedar Park Concrete Corp.; Cedar Park Construction Corp.; Certified Concrete, Co.; Joseph Depaola; DIC Concrete Corp; DIC Industries, Inc.; Walter Goldstein; ILJ Enterprise, Inc.; Underhill Industries; Lizza Industries, Incorporated; Marine Pollution; Joseph Martinelli; North Berry Concrete Corp.; Underhill Construction Corp.; Transit-Mix Concrete Corporation; Frank Phelan; and Century-Maxim Construction Corp., Defendants.

United States Court of Appeals, Second Circuit.

Decided: January 25, 2000.


Attorney(s) appearing for the Case

Robert L. Hubbard, Ass't Atty. Gen. (Eliot Spitzer, Attorney General of the State of New York), New York, NY, for Plaintiff-Appellant-Cross-Appellee.

Richard L. Gold, Morelli & Gold, LLP, New York, NY, for Defendants-Appellees.

Before: WALKER and POOLER, Circuit Judges and MOTLEY, District Judge..


POOLER, Circuit Judge:

The State appeals from the judgment of the United States District Court for the Southern District of New York (Loretta A. Preska, Judge), which dismissed its complaint following a trial on damages because the court rejected the State's expert damages testimony as unreliable. The Nasso defendants and Nicholas Auletta appeal from the district court's grant of summary judgment to the State on the issue of antitrust liability based on the...

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