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KARDELL FOOTWEAR, INC. v. THURMOND

No. 74 Civ. 981.

417 F.Supp. 421 (1976)

KARDELL FOOTWEAR, INC., Plaintiff, v. Nate THURMOND et al., Defendants.

United States District Court, S. D. New York.

August 4, 1976.

Attorney(s) appearing for the Case

Squadron, Ellenoff & Plesent, New York City, for plaintiff; Neal M. Goldman, New York City, of counsel.

Gifford, Woody, Carter & Hays, New York City, for defendant, Nate Thurmond; Paul Falick, New York City, of counsel.

No appearance for defendant Ronald Katz.

MEMORANDUM AND ORDER

WHITMAN KNAPP, District Judge.

So far as here relevant, the complaint states two causes of action, one for goods sold and delivered and a second for fraud. The actual damages alleged in each cause of action are identical, but the one charging fraud asks an additional award of punitive damages.

The action was originally brought against several defendants. At or before trial, the action...

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