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relating to their claims against FIG for breaches of contract,
indemnity, and fraudulent misrepresentations and (2) to hold FIG
liable to the plaintiffs on each of those claims. Based on the
plaintiffs' allegations in the pretrial order, the District Court
specifically found in its opinion, inter alia, that DCI started a
business during 1982 known as ETS for the purpose of providing
transcription services to FIG and that DCI later transferred
ownership of that business to the Diamonds.
In its opinion, the District Court awarded the plaintiffs,
viz., Diamond Claims & Investigation Services, Inc., and Peter J.
Diamond and Shirley Diamond, the following types of damages in
the amounts and for the claims indicated:
Type of Amount of
Plaintiffs' Claims Damages Awarded Damages Awarded
Breaches of contract Lost profits damages $1,497,015.51
Indemnity Indemnity damages 63,159.00
Fraudulent Punitive damages and 290,715.00
misrepresentations7 reliance damages 35,746.00
Total 1,886,635.51
On February 26, 1987, the District Court entered a judgment
(District Court's judgment) that "plaintiffs shall recover from
defendants the sum of $1,886,635.51, together with interest at
the rate of 6.09 percent from the date of entry of judgment".8
With respect to the lost profits damages, the District Court
7 The District Court did not award the Diamonds any damages for
the emotional distress that they claimed they suffered as a
result of FIG's fraudulent misrepresentations.
8 Hereinafter, all dollar amounts are rounded.
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