WIGAND v. FLO-TEK, INC.

No. 36, Docket 79-7150.

609 F.2d 1028 (1979)

Arthur WIGAND, Individually and suing on behalf of himself and all other stockholders of Flo-Tek, Inc., similarly situated, and in the right of Flo-Tek, Inc., Plaintiffs-Appellees, v. FLO-TEK, INC., Harold Kiernan and Claire Kiernan, Defendants. Appeal of FLO-TEK, INC. and Harold Kiernan, Defendants.

United States Court of Appeals, Second Circuit.

Decided October 19, 1979.

As Amended January 14, 1980.


Attorney(s) appearing for the Case

Jack S. Dweck, New York City (Dweck & Sladkus, New York City, Harvey I. Sladkus, Steven J. Mandelsberg, New York City, of counsel), for plaintiff-appellee, Arthur Wigand.

Frank G. Raichle, Buffalo, N. Y. (Raichle, Banning, Weiss & Halpern, Buffalo, N. Y. and Baar, Bennett & Metz, Pearl River, N. Y.), for defendants-appellants, Flo-Tek, Inc. and Harold Kiernan.

Before LUMBARD, MANSFIELD and GURFEIN, Circuit Judges.


LUMBARD, Circuit Judge:

Defendants Harold Kiernan and Flo-Tek, Inc. appeal from a judgment entered against them on January 30, 1979 in the sum of $213,814.44 awarded to plaintiff Arthur Wigand after a nonjury trial before Judge Owen in the Southern District of New York on one count alleging common law fraud and deceit as well as misstatements in the sale of securities, and one count of breach of contract. We affirm the judgment as to liability of the defendants insofar...

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