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GORDON v. BURR

Nos. 179, 310 and 311, Dockets 74-1749, 74-1865 and 74-1840.

506 F.2d 1080 (1974)

Irving GORDON, Plaintiff-Appellant, v. Robert L. BURR and Elpac, Inc., Defendants-Appellees, and Arnold Lord and Philips, Appel & Walden, Inc. (sued herein as Philips, Appel & Walden), Defendants-Appellees-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 20, 1974.

Attorney(s) appearing for the Case

John C. Klotz, New York City, (Leonard Loewinthan, New York City, of counsel), for plaintiff-appellant Gordon.

Michael C. Devine, New York City, (Butowsky, Schwenke & Devine, New York City), for defendant-appellee, cross-appellant Lord.

Steven H. Lipsitz, New York City, (Bressler, Meislin, Tauber & Lipsitz, Neil M. Berson, New York City, of counsel), for defendant-appellee, cross-appellant Philips, Appel & Walden, Inc.

Harry Balterman, New York City, for defendant-appellee Elpac, Inc.

Before KAUFMAN, Chief Judge, and SMITH and TIMBERS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge.

Irving Gordon, a purchaser of securities issued by Elpac, Inc., sued for rescission of his purchase and restitution of his $45,000 payment against: Robert L. Burr, as seller of the shares; Arnold Lord, as the salesman; Philips, Appel & Walden, Inc. (P.A.W.), as Lord's brokerage firm; and Elpac, Inc., as the issuer. After a non-jury trial, Judge Arnold Bauman of the Southern District of New York, in an opinion reported at

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