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HANDEL v. GOLDFARB

No. 75-1497.

531 F.2d 820 (1976)

HOESCH HANDEL AG, formerly known as Hoesch Handel GMBH, Plaintiff-Appellee, v. Charles GOLDFARB, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

February 20, 1976.

ORDER

Upon consideration, it is ORDERED that the petition for rehearing be and it is hereby denied.

McCREE, Circuit Judge (dissenting).

I would grant the motion for rehearing. The loss occasioned by plaintiff caused by its reliance on Goldbarb's misrepresentation is the amount that Hoesch Handel would have recovered from United if the bond had been authorized. Since United is now in insolvency proceedings, the damages recoverable would be limited...

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