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IPCON COLLECTIONS LLC v. COSTCO WHOLESALE CORP.

Docket Nos. 11-3944-cv(L), 11-4166-cv(XAP).

698 F.3d 58 (2012)

IPCON COLLECTIONS LLC, Plaintiff-Appellant-Cross-Appellee, v. COSTCO WHOLESALE CORP., Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: October 9, 2012.

Attorney(s) appearing for the Case

Anthony H. Handal , Handal & Morofsky, LLC, New York, NY, for Plaintiff-Appellant-Cross-Appellee Ipcon Collections LLC.

Douglas H. Flaum ( John W. Brewer , Kathleen R. Fitzpatrick , on the brief), Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY, for Defendant-Appellee-Cross-Appellant Costco Wholesale Corp.

Before: LEVAL, CABRANES, and KATZMANN, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

This appeal arises out of a contract dispute between Costco Wholesale Corp. ("Costco") and ES Electrosales Leadsinger, Co., Ltd. ("Leadsinger"), a company that sold, inter alia, karaoke systems. Between October 2005 and September 2008, Leadsinger and Costco entered into a series of agreements by which Costco agreed to sell Leadsinger's goods on a consignment basis. Each agreement contained a clause obliging the parties...

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