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SHULTON, INC. v. OPTEL CORP.

Civ. A. No. 85-2925.

698 F.Supp. 61 (1988)

SHULTON, INC., a New Jersey corporation, Plaintiff, v. OPTEL CORPORATION, a Delaware corporation, et al, Defendants.

United States District Court, D. New Jersey.

October 28, 1988.

Attorney(s) appearing for the Case

John C. Fricano, Richard L. Brusca, Skadden, Arps, Slate, Meagher & Flom, Washington, D.C., for plaintiff.

John M. Desiderio, Bass & Ullman, New York City, for defendants Optel Corp., Jerald K. Rome and H.L. Moore Drug Exchange.

Ronald C. Rak, Joseph Bucklery, Sills, Cummis, Zuckerman, Radin, Tischman, Epstein and Gross, Newark, N.J., for defendants Interstate and Spielfogel.

OPINION AND ORDER

POLITAN, District Judge.

This matter comes before the Court on defendants' in limine motion to consider the appropriate scope of plaintiff's proof of damages at trial. This Court determines that, assuming liability is established at trial, any damage award will be calculated by the difference between the domestic market price and the fraud-induced export price paid by the defendants.

This proceeding was commenced by plaintiff...

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