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SCHWARTZ v. NMS INDUSTRIES, INC.

No. 74-3275.

517 F.2d 925 (1975)

Harold B. SCHWARTZ, Plaintiff-Appellee, v. NMS INDUSTRIES, INC., Defendant-Appellant, v. Erich ROSENBAUM, Plaintiff-Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 12, 1975.

Attorney(s) appearing for the Case

Logan Ford, Dallas, Tex., for defendant-appellant.

Larry B. Bach, Dallas, Tex., for H. B. Schwartz.

Stanley M. Kaufman, Dallas, Tex., for E. Rosenbaum.

Before BROWN, Chief Judge, and GEWIN and THORNBERRY, Circuit Judges.

THORNBERRY, Circuit Judge:

Resolution of this contractual dispute depends upon the proper interpretation under Texas law of the conduct of the parties after execution of a registration agreement in connection with a corporate acquisition. The district court determined that the acquiring company, NMS Industries, Inc., had breached its contractual obligation to the two shareholders of the acquired company, making it liable for substantial damages. NMS now challenges...

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