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UNTERBERG v. THERM-AIR MFG. CO.

20 A.D.2d 260 (1964)

David Unterberg et al., Appellants, v. Therm-Air Mfg. Co., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 20, 1964.

Attorney(s) appearing for the Case

Abbie Goldstein for appellants.

Benjamin B. Hersh of counsel (Louis Okin and Sam W. Galowitz with him on the brief), for respondent.

McNALLY, STEVENS and STEUER, JJ., concur in Per Curiam opinion; RABIN, J., dissents and votes to reverse in opinion in which BREITEL, J. P., concurs.

Per Curiam.

Defendant corporation desired to make a public offering of its stock. For this purpose it entered into a contract with G. Everett Parks & Co. (herein Parks) to underwrite the proposed issue. Plaintiffs were attorneys for Parks. A registration statement to be filed with the Securities and Exchange Commission (SEC) was an essential, and defendant desired plaintiffs to collaborate with defendant's own...

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