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CARGILL, INC. v. CHARLES KOWSKY RESOURCES, INC.

Nos. 1833, 1834, Dockets 91-7326, 91-7376.

949 F.2d 51 (1991)

CARGILL, INCORPORATED, Plaintiff-Appellee-Cross-Appellant, v. CHARLES KOWSKY RESOURCES, INC.; Charles Kowsky; John Conway, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 13, 1991.

Attorney(s) appearing for the Case

Randall J. Ezick (Roemer and Featherstonhaugh, P.C., Albany, N.Y., of counsel), for defendants-appellants-cross-appellees.

Kenneth L. Robinson (Levine, Robinson & Algios, P.C., Mitchel Field, N.Y., of counsel), for plaintiff-appellee-cross-appellant.

Before MINER, WALKER and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Defendants (collectively "Resources") appeal from a judgment entered in the United States District Court for the Southern District of New York (Kevin Thomas Duffy, Judge), granting summary judgment to plaintiff ("Cargill"), and awarding Cargill $82,538.79. Cargill cross-appeals the district court's denial of its request for attorney's fees.

This action arises out of Cargill's demand that Resources reimburse Cargill for the...

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