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FCS ADVISORS, INC. v. FAIR FINANCE CO., INC.

Docket No. 09-2609-cv.

605 F.3d 144 (2010)

FCS ADVISORS, INC., Plaintiff-Counter-Defendant-Appellee, v. FAIR FINANCE COMPANY, INC., Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: May 24, 2010.

Attorney(s) appearing for the Case

Gregory E. Galterio (Ira N. Glauber, of counsel), Jaffe & Asher, LLP, New York, NY, for Appellant Fair Finance Company, Inc.

Roger E. Barton (Randall L. Rasey, of counsel), Barton Barton & Plotkin LLP, New York, NY, for Appellee FCS Advisors, Inc.

Before CABRANES and B.D. PARKER, Circuit Judges, and UNDERHILL, District Judge.

PER CURIAM:

The question presented is whether post-judgment interest should be calculated at the federal rate provided for under 28 U.S.C. § 1961(a)1 or at the rate provided for under New York law where our jurisdiction is premised on the diversity of the citizenship of the parties and the contract giving rise to the action contains a general choice-of-law provision requiring the application of New York law.

Defendant-appellant...

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