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BRINK'S INC. v. CITY OF NEW YORK

No. 80 Civ. 6975.

546 F.Supp. 403 (1982)

BRINK'S INC., Plaintiff and Defendant on Counterclaim, v. The CITY OF NEW YORK, Defendant and Counterclaimant. BRINK'S INC., Third-Party Plaintiff, v. John ADAMS, Anthony De Nardo, Trevor Fairweather, Richard Florio, James Gargiulo, Jorge Olivari and Michael Solomon, William J. Donovan, Francis Gitto, Ramon Hernandez, William McInerney, Anthony San Marco, Jose Rodriguez, James Springett, John Barrera and Joseph Nardo, Third-Party Defendants.

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

August 30, 1982.

Attorney(s) appearing for the Case

Milgrim, Thomajan, Jacobs & Lee, New York City, for Brink's Inc.; Andrew L. Deutsch, Robert A. Meister, New York City, of counsel.

Frederick A.O. Schwarz, Jr., Corp. Counsel, New York City, for City of New York; Jeffrey E. Glen, Edward Tuozzo, Patricia Kruger, New York City, of counsel.

Cravath, Swaine & Moore, New York City, for third-party defendant James Gargiulo; H. Michael Clyde, Harold E. Akselrad, New York City, of counsel.

Philip M. Kovitz, New York City, for third-party defendant Jose Rodriguez.

OPINION

EDWARD WEINFELD, District Judge.

Brink's Inc. ("Brink's") and The City of New York (the "City") were parties to an agreement under which Brink's was to collect coins deposited in the City's parking meters. After the contract had been in effect about two years and following the arrest of a number of employees who were charged with stealing collection proceeds, the City cancelled the contract and sought to hold Brink's liable for losses sustained during...

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