BYRNES v. FAULKNER, DAWKINS & SULLIVAN

No. 73 Civ. 670 (HFW).

413 F.Supp. 453 (1976)

Thomas J. BYRNES and Francis R. Santangelo, Plaintiffs, v. FAULKNER, DAWKINS & SULLIVAN and Singer & Mackie, Inc., Defendants. FAULKNER, DAWKINS & SULLIVAN, Counterclaim-Plaintiff, v. Thomas J. BYRNES et al., Counterclaim-Defendants.

United States District Court, S. D. New York.

Amended April 8, 1976.


Attorney(s) appearing for the Case

Carro, Spanbock, Londin, Rodman & Fass, New York City, for Byrnes and Santangelo, plaintiffs and counterclaim defendants; Reginald Leo Duff, New York City, of counsel.

Jacobs, Persinger & Parker, New York City, for Faulkner, Dawkins & Sullivan, defendant and counterclaim plaintiff; I. Michael Bayda and Norman Trabulus, New York City, of counsel.

Hall, Dickler, Lawler, Kent & Howley, New York City, for Tobey & Kirk, counterclaim defendant; Gerald A. Kaufman, New York City, of counsel.

Securities and Exchange Commission, Washington, D. C., as amicus curiae; Lawrence E. Nerheim, Paul Gonson, Charles E. H. Luedde, Susan P. Starling, Washington, D. C., of counsel.


OPINION

WERKER, District Judge.

The original complaint in this case was filed by Thomas J. Byrnes and Francis R. Santangelo ("Byrnes") against Faulkner, Dawkins & Sullivan ("Faulkner") and Singer & Mackey, Inc. ("Singer") in Supreme Court, New York County alleging breach of contract. The complaint alleged that on June 7, 1971, Byrnes made a contract to sell, pursuant to a registration statement, 44,000 shares of the common stock of White Shield Corporation...

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