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PIERSON v. WILLETS POINT CONTRACTING CORP.

No. 88-CV-0743 (DRH).

899 F.Supp. 1033 (1995)

John J. PIERSON, Louis Degange, Plaintiffs, v. WILLETS POINT CONTRACTING CORP., a New York Corporation, and Haulage Enterprises Corp., a New York Corporation, Defendants.

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

September 19, 1995.

Attorney(s) appearing for the Case

Crupain & Greenfield, New York City, for Plaintiffs.

Berman Paley Goldstein & Kannry, New York City, for Defendant Willets Point Contracting Corp.

Wren & Schmid, East Islip, NY, for Defendant Haulage Enterprises Corp.

FINDINGS AND FACTS AND CONCLUSIONS OF LAW

HURLEY, District Judge.

INTRODUCTION

By complaint dated March 10, 1988, plaintiffs commenced a diversity action against the corporate defendants for monies allegedly due under a contract dated February 10, 1986.

In its answer, defendant Willets Point Contracting Corporation ("Willets"), inter alia, counterclaimed for $75,000 it paid to plaintiffs pursuant to what it claims were anticipated...

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