The opinion of the court was delivered by: ROBERT F. PECKHAM
JUDGMENT IN FAVOR OF GINO MARINELLI ON COUNTER-CLAIM
This matter came on for trial on Wednesday, February 5, 1992, at which time an eight person jury was empaneled and duly sworn. Plaintiffs were represented by Michael Stokes, Esq., Richard C. Cole, Esq., and Stanford Kingsley, Esq. of LeBoeuf, Lamb, Leiby & MacRae; Defendant was represented by J. Bradley Russell, Esq. of Wittman, Fedynyshyn & Roberts. The case was recessed on February 5, 1992, and reconvened on February 11, 1992. Opening statement and trial commenced on February 11, 1992, and continued until February 13, 1992. On the afternoon of February 13, 1992, and after the close of evidence by both sides and after closing arguments, the jury was instructed and the case was submitted for decision. The jury was given a general verdict relating to each Plaintiff's case against the Defendant and upon the Defendant's counterclaim against Plaintiff Gendel. After deliberations, the jury returned a verdict in the late afternoon of February 13, 1992. At that time, the verdict was delivered by the foreperson and was read in open court by the Clerk:
We the jury find against Plaintiff William Hedden on his claim against Defendant Gino Marinelli.
We, the jury find against Plaintiff Arnold Gendel on his claim against Defendant Gino Marinelli.
We, the jury find in favor of Counter-Claimant Gino Marinelli on his claim against Arnold Gendel.
The jury being asked, all acknowledged that this was their verdict. Polling of the jurors was not requested by either party, so the jury was then excused.
Counsel having stipulated that damage amounts were liquidated and not in dispute, therefore the issue need not be submitted to the jury for determination. The amount of liquidated undisputed principal which Marinelli sued Gendel for was the sum of $ 60,000.
THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that Gino A. Marinelli have and recover from Counter-Defendant Arnold Gendel the sum of $ 60,000. All issues relating to costs, interest and attorneys' fees shall be decided at a hearing, upon noticed motion, by Defendant/Counter-Claimant Marinelli.
THE HONORABLE ROBERT F. PECKHAM
JUDGE OF THE UNITED STATES DISTRICT COURT
Entered this 11 day of March, 1992.
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