1. Home
  2. Browse Decisions
  3. F.2d
  4. 554 F.2d
  5. 554 F.2d 551 (1977)
 

GEORGE C. FREY READY-MIXED CON. INC. v. PINE HILL C. M. CORP.

No. 363, Docket 75-7698.

554 F.2d 551 (1977)

GEORGE C. FREY READY-MIXED CONCRETE, INC., George C. Frey Batching Plant, Inc., and Herbert Frey and Lois Muck, as co-executors of the Estate of George C. Frey, Deceased, Plaintiff-Appellants, v. PINE HILL CONCRETE MIX CORP., Regent Sand & Gravel Corp., Ludwig F. Kahle, Joseph Pfohl, Paul M. Pfohl, and Fidelis H. Pfohl, individually and as the controlling and surviving directors, officers, shareholders, liquidators and receivers of the assets of Pfohl Brothers, Inc., a dissolved corporation, and Pfohl Brothers, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 6, 1977.

Attorney(s) appearing for the Case

Arnold Weiss, Buffalo, N. Y. (Raichle, Banning, Weiss & Halpern, Buffalo, N. Y., of counsel), for plaintiffs-appellants.

Victor T. Fuzak, Buffalo, N. Y. (Hodgson, Russ, Andrews, Woods & Goodyear, Buffalo, N. Y., of counsel), for defendants-appellees.

Before LUMBARD and OAKES, Circuit Judges, and BRYAN, District Judge.

OAKES, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the Western District of New York, John T. Curtin, Chief Judge, which granted one or the other or both1 of appellees' motions for dismissal and summary judgment, Fed.R.Civ.P. 12, 56. We find the court's decision unjustified on either of these grounds and therefore reverse.

On both sides of this suit are corporations engaged,

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases