The following excerpt is from Central Hudson Gas & Elec. Corp. v. Empresa Naviera Santa S.A., 56 F.3d 359 (2nd Cir. 1995):
This appeal also can be distinguished from those cases in which claimants seek duplicative damages, a matter not at issue here. See, e.g., Beck v. Levering, 947 F.2d 639, 642 (2d Cir.1991) (per curiam) (no res judicata issue where subsequent suit did not create duplicative award but merely decreased second judgment by amount awarded in prior suit), cert. denied, 504 U.S. 909, 112 S.Ct. 1937, 118 L.Ed.2d 544 (1992).
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