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AETNA CAS. & SUR. CO. v. GENERAL TIME CORP.

Cal. Nos. 145, 281, Dockets 82-7172, 82-7194.

704 F.2d 80 (1983)

AETNA CASUALTY & SURETY COMPANY, Plaintiff-Appellant, Cross-Appellee, v. GENERAL TIME CORPORATION and Talley Industries, Inc., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 29, 1983.

Attorney(s) appearing for the Case

Joseph G. Gorayeb, New York City (Seaman, Williamson, Gorayeb & Tidd, New York City, of counsel, and Peter W. Williamson, New York City, on the brief), for plaintiff-appellant, cross-appellee.

Thomas F. Reddy, Jr., New York City (Pennie & Edmonds, New York City, of counsel), for defendants-appellees, cross-appellants.

Before KAUFMAN, VAN GRAAFEILAND and PRATT, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

Aetna Casualty & Surety Company (Aetna), General Time Corporation (GT), and GT's parent corporation, Talley Industries, Inc. (Talley), cross-appeal from a judgment of the United States District Court for the Southern District of New York granting Aetna a recovery of $832,864.99 against GT and Talley. We affirm in part and reverse and remand in part.

In 1970, Flair Manufacturing Company sued GT for breach of warranty because...

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