Sure-Trip, Inc., Cross-Appellee v. Westinghouse Engineering and Instrumentation Services Division, Westinghouse Electric Corporation
Court of Appeals for the Second Circuit
1Opinion of the Court
CARDAMONE, Circuit Judge:
Plaintiff Sure-Trip, Inc. appeals from a judgment entered on May 20, 1994 in the District Court for the Western District of New York (Curtin, J.) granting it damages against defendants Westinghouse Electric Corporation and its Westinghouse Engineering and Instrumentation Services Division (collectively Westinghouse). Plaintiff contends the district court erred when it calculated contract damages using taxable income as plaintiffs measure of lost profits. An earlier order by the same court, dated October 31,1991, granted plaintiff summary judgment, holding that the…
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