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FOX v. KANE-MILLER CORP.

Nos. 75-1853, 75-1854.

542 F.2d 915 (1976)

Frederick B. FOX and Naomi Ruth Fox, Personal Representative of the Estate of Benjamin Fox, Appellants, v. KANE-MILLER CORPORATION et al., Appellees. Frederick B. FOX and Naomi Ruth Fox, Personal Representative of the Estate of Benjamin Fox, Appellees, v. KANE-MILLER CORPORATION et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1976.

Attorney(s) appearing for the Case

Alfred H. Kreckman, Jr., Baltimore, Md. (John J. Ghinger, Jr., Weinberg & Green, Baltimore, Md., on brief), for appellants in 75-1853 and appellees in 75-1854.

Richard L. Bond, New York City (Charles H. Miller, Daniel S. Greenfield, Marshall, Bratter, Greene, Allison & Tucker, New York City, and Sherbow, Shea & Doyle, Baltimore, Md., on brief), for appellants in 75-1854 and appellees in 75-1853.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

FIELD, Senior Circuit Judge.

This action arises out of Kane-Miller's acquisition of the outstanding stock of three companies owned by the plaintiffs, Frederick B. Fox and Benjamin Fox. The Foxes claim that during the period of negotiations, from February, 1969, until June 3, 1969,1 Kane-Miller failed to disclose that there were substantial changes in its financial condition resulting from the acquisition of certain other companies. In...

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