Legal Opinion

Toltec Fabrics, Inc. v. August Incorporated

Court of Appeals for the Second Circuit

Decided July 8, 1994No. 1184, Docket 93-7972PublishedCited by 19 opinions

1Opinion of the Court

KEARSE, Circuit Judge:

Plaintiff Toltec Fabrics, Inc. (“Toltec”), appeals from so much of a judgment entered in the United States District Court for the Southern District of New York, following a jury trial before James C. Francis IV, Magistrate Judge, as awarded defendant August Incorporated (“August”) $75,000 for loss of goodwill on August’s breach-of-warranty counterclaim arising out of its purchase of supposedly flame-retardant fabrics from Toltec. On appeal, Toltee contends that it was entitled to judgment as a matter of law, or at least a new trial, with respect to the goodwill award. We…

2Cases cited14 opinions

  1. Kenford Co. v. County of ErieNew York Court of Appeals · 1986
  2. Dr. Judith Piesco v. Edward I. Koch, the City of New York, Department of Personnel, Juan Ortiz and Nicholas Laporte, Jr.Court of Appeals for the Second Circuit · 1993
  3. Trademark Research Corporation, Plaintiff-Appellee-Cross-Appellant v. Maxwell Online, Inc., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1993
  4. Consolidated Data Terminals, a California Corporation, and Cross-Appellant v. Applied Digital Data Systems, Inc., a Corporation, and Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983
  5. Moran v. . Standard Oil Co.New York Court of Appeals · 1914

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Pure Power Boot Camp, Inc. v. Warrior Fitness Boot Camp, LLCDistrict Court, S.D. New York · 2011
  2. Algie v. RCA Global Communications, Inc.District Court, S.D. New York · 1994
  3. Compania Embotelladora Del Pacifico, S.A. v. Pepsi Cola Co.District Court, S.D. New York · 2009
  4. General Textile Printing & Processing Corp. v. Expromtorg International Corp.District Court, S.D. New York · 1994
  5. Milano v. FreedCourt of Appeals for the Second Circuit · 1995

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API