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act or omission action affirm agreement alleged amended Antarctica appellees applied argues asserted award bank bargaining benefits Board cause cert certificates of deposit charge choice of law Circuit Judge Cite as 756 City claim clause collateral estoppel Commission Company complaint conspiracy Consumers Union contract Corp counsel Court of Appeals Cranberg criminal damages decision defendant defendant's denied determine discharge discretion dismissed district court District Judge duty employees evidence Exxon F.Supp fact Federal Courts filed front end loader FTCA Gold Kist grand jury grant indictment injunction issue jurisdiction L.Ed Labor Relations liability litigation ment Merrill Lynch motion negligence NLRB parties plaintiff Procedure provides quasi-contract reasonable record remand rule S.Ct sion sixth amendment statute statutory suit summary judgment supra testimony tion tort trial court trict union United States Court United States District violation witness Zuccarello