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Teledyne Industries Inc. v. Podell

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


December 6, 1976

TELEDYNE INDUSTRIES, INC., PLAINTIFF-APPELLEE,
v.
ODIF PODELL, SIMON SRYBNIK, NICHOLAS ANTON, SAUL WALLER, DEFENDANTS-APPELLANTS, AND EON CORPORATION AND KERNS MANUFACTURING CORP., DEFENDANTS.

Consolidated appeals from a judgment for money damages for breach of trust and conversion in the United States District Court for the Southern District of New York, Whitman Knapp, Judge, 401 F. Supp. 729, and from an order denying a motion for a new trial. Affirmed.

Before: WATERMAN, FRIENDLY and MULLIGAN, Circuit Judges.

Per Curiam:

On this appeal from a judgment against the defendants-appellants for money damages, we affirm on the opinion of Hon. Whitman Knapp, United States District Court Judge, Southern District of New York, reported at 401 F. Supp. 729 (S.D.N.Y. 1975).*fn* The appellants also appeal from Judge Knapp's order denying a new trial on the alleged ground of newly discovered evidence. The order is affirmed as we find that appeal to be totally without merit and frivolous. Therefore, pursuant to 28 U.S.C. ยง 1912 and Fed. R. App. P. 38, we assess the appellants double costs and, in addition, $1,500 in attorneys' fees.


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