BYRNES v. FAULKNER, DAWKINS & SULLIVAN

Nos. 267, 673, Dockets 76-7259, 76-7276.

550 F.2d 1303 (1977)

Thomas J. BYRNES and Francis R. Santangelo, Plaintiffs-Appellants, v. FAULKNER, DAWKINS & SULLIVAN and Singer & Mackie, Inc., Defendants-Appellees. FAULKNER, DAWKINS & SULLIVAN, Counterclaim-Plaintiff, Appellee, Appellant, v. Thomas J. BYRNES and Francis R. Santangelo, Counterclaim-Defendants, Appellants, Appellees, and Tobey & Kirk, Counterclaim-Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 1, 1977.

As Amended April 4, 1977.


Attorney(s) appearing for the Case

Reginald Leo Duff, New York City (Carro, Spanbock, Londin, Rodman & Fass, New York City, of counsel), for plaintiffs-appellants.

I. Michael Bayda, New York City (Norman Trabulus, Jacobs, Persinger & Parker, New York City, of counsel), for defendant-appellee Faulkner, Dawkins & Sullivan.

Before MEDINA, HAYS and OAKES, Circuit Judges.


OAKES, Circuit Judge:

These appeals are by would-be sellers of stock from decisions granting one buyer judgment on its "second affirmative defense" to the sellers' suit for breach of contract and dismissing claims against a secondary buyer for lack of subject matter jurisdiction. The first buyer cross-appeals from a dismissal of its counterclaims for punitive damages and lost profits it would have obtained on a resale of part of the shares agreed to be sold. The principal...

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