DISKIN v. LOMASNEY & CO.

No. 272, Docket 71-1735.

452 F.2d 871 (1971)

Ben DISKIN, Plaintiff-Appellant, v. LOMASNEY & CO., a Partnership, and Myron A. Lomasney, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 13, 1971.


Attorney(s) appearing for the Case

Ruben Schwartz, New York City (Martin N. Whyman, New York City, of counsel), for plaintiff-appellant.

No appearance for appellees.*

Before FRIENDLY, Chief Judge, FEINBERG, Circuit Judge, and DAVIS, Associate Judge.


FRIENDLY, Chief Judge:

During the summer of 1968 plaintiff Diskin had conversations with defendant Lomasney, general partner of defendant Lomasney & Co., a broker-dealer, with respect to securities of two companies, Ski Park City West, S.I. and Continental Travel, Ltd. Lomasney & Co. had agreed to sell up to 60,000 common shares of the former on a "best efforts" basis and was the principal underwriter for the sale of 350,000 common shares of the latter. A...

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