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KPS & ASSOCIATES, INC. v. DESIGNS BY FMC, INC.

Nos. 01-2513, 01-2521.

318 F.3d 1 (2003)

KPS & ASSOCIATES, INC., Plaintiff, Appellee, v. DESIGNS BY FMC, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided: January 28, 2003.

Attorney(s) appearing for the Case

Nathan Lewin, with whom Alyza D. Lewin and Lewin & Lewin, LLP were on brief, for appellant.

Karen D. Hurvitz, with whom Theresa A. O'Loughlin was on brief, for appellee.

Before LYNCH, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

This acrimonious dispute between defendant-appellant Designs by FMC, Inc. ("Designs") and plaintiff-appellee KPS & Associates, Inc. ("KPS") is a diversity breach of contract action that comes to us following the entry of a default judgment against Designs and a damages award of $367,154 plus prejudgment interest. Designs challenges the entry of default and the subsequent determination of damages, assigning error to several rulings of the...

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