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SEABURY CONST. CORP. v. JEFFREY CHAIN CORP.

Docket No. 01-7620.

289 F.3d 63 (2002)

SEABURY CONSTRUCTION CORPORATION, Plaintiff-Appellant, v. JEFFREY CHAIN CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 22, 2002.

Attorney(s) appearing for the Case

Kalvin Kamien, Max E. Greenberg, Trager, Toplitz & Herbst, New York, NY, for Plaintiff-Appellant.

Stephen G. Anderson, Baker, Donelson, Bearman & Caldwell, Knoxville, TN (Wendy E. Long, Kirkland & Ellis, New York, NY, on the brief), for Defendant-Appellee.

Eric Proshansky, Office of the Corporation Counsel of the City of New York, New York, N.Y. (Michael D. Hess, Corporation Counsel of the City of New York; Stephen J. McGrath, on the brief), for Amicus Curiae the City of New York.

Before: SACK, KATZMANN, and B.D. PARKER,

B.D. PARKER, JR., Circuit Judge.

Plaintiff Appellant Seabury Construction Corporation ("Seabury") appeals from a judgment of the United States District Court for the Southern District of New York (Michael B. Mukasey, Judge), entered May 8, 2001. Seabury sued Defendant Appellee Jeffrey Chain Corporation ("Jeffrey"), claiming breach of contract arising from failures in industrial collector chain. The chain was manufactured by Jeffrey and sold to Seabury for installation...

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