American Plastic Equipment, Inc. v. Cbs Inc.

LUMBARD, Circuit Judge:

American Plastic Equipment, Inc. appeals from the judgment of the Southern District, which granted the summary judgment motion of the defendant CBS Inc. under Fed.R.Civ.P. 56 and dismissed American’s complaint in its diversity suit against CBS for breach of contract, fraud and wrongful interference.

Judge Duffy found that American had not submitted evidence sufficient to show that American and CBS identified or agreed upon the specific property to be purchased by American. He also concluded, without giving the parties an opportunity to address the issue, that the alleged…