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HERRICK CO., INC. v. SCS COMMUNICATIONS, INC.

Docket Nos. 99-7976(L), 99-7996 and 99-7998(XAP).

251 F.3d 315 (2001)

The HERRICK COMPANY, INC. and Norton Herrick, Plaintiffs-Counter-Defendants-Appellants-Cross-Appellees, v. SCS COMMUNICATIONS, INC. and Stephen C. Swid, Defendants-Counter-Claimants-Appellees-Cross-Appellants, Vetta Sports, Inc., Henry N. Chan, Richard Sheinberg and Stephen D. Weinroth, Defendants-Counter-Claimants, Skadden, Arps, Slate, Meagher & Flom, LLP and Mark Smith, Defendants.

United States Court of Appeals, Second Circuit.

Decided May 23, 2001.

Attorney(s) appearing for the Case

GERALD WALPIN, (Joseph Zuckerman & Barry Michael Okun on the brief), Rosenman & Colin LLP, New York, N.Y. for Plaintiffs-Counter-Defendants-Appellants-Cross-Appellees.

GREGORY P. JOSEPH, Fried, Frank, Harris, Schriver & Jacobson, New York, N.Y. (David Spears, Richards, Spears, Kibbe & Orbe, on the brief) (Einer Elhauge & David Rosenberg, of counsel, on the brief), for Defendants-Counter-Claimants-Appellees-Cross-Appellants.

Before: CALABRESI, CABRANES, and POOLER, Circuit Judges.

CALABRESI, Circuit Judge:

The Herrick Company, Inc. and Norton Herrick (collectively "Herrick" or "plaintiffs") and SCS Communications, Inc. and its principal Stephen C. Swid (collectively "SCS/Swid") appeal and cross-appeal in this diversity suit from a judgment, entered by the United States District Court for the Southern District of New York (Patterson, J.), following a jury verdict awarding Herrick compensatory damages...

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