Legal Opinion

BARTON GROUP, INC. v. NCR Corp.

District Court, S.D. New York

Decided November 2, 2010No. 08 Civ. 5679(FM)Published

1Opinion of the Court

MEMORANDUM DECISION AND ORDER

FRANK MAAS, United States Magistrate Judge.

This breach of contract action is based on diversity jurisdiction. The trial is scheduled to commence on December 1, 2010. Plaintiff Barton Group, Inc. (“BGI”) has moved in limine for a determination that it was, as a matter of law, merely a “finder” under the terms of its written business generation agreement (“Agreement”) with defendant NCR Corp. (“NCR”). (ECF No. 38). The motion, in effect, seeks a pretrial ruling that the Court will not give certain jury instructions, requested by NCR, which state that BGI had to be a…

2Cases cited9 opinions

Seiden Associates, Inc. v. Anc Holdings, Inc., American National Can Co.Court of Appeals for the Second Circuit · 1992
Donald L. Terwilliger, Jr., Plaintiff-Appellee-Cross-Appellant v. Donald L. Terwilliger, III and John Terwilliger, Defendants-Appellants-CrossCourt of Appeals for the Second Circuit · 2000
Hugo Boss Fashions, Inc. & Hugo Boss Usa, Inc., Plaintiffs-Appellees-Cross-Appellants v. Federal Insurance Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2001
Bethlehem Steel Co. v. Turner Construction Co.New York Court of Appeals · 1957
Greene v. HellmanNew York Court of Appeals · 1980

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