Merlite Industries, Inc., Plaintiff-Appellant-Cross-Appellee v. Valassis Inserts, Inc., Defendant-Appellee-Cross-Appellant

VAN GRAAFEILAND, Circuit Judge:

Merlite Industries, Inc. appeals from a judgment of the United States District Court for the Southern District of New York (Martin, J.) awarding it $16,808 for its out-of-pocket expenses caused by Valassis Inserts, Inc.’s breach of contract. Merlite’s appeal is limited to the district court’s dismissal on motion of its claim for lost profits. Valassis cross-appeals from the entire judgment. We affirm the finding of liability and the award of out-of-pocket expenses. We vacate the district court’s summary dismissal of Mer-lite’s claim for lost profits and remand…