EVANS v. ARTEK SYSTEMS CORP.

No. 1297, Docket 82-7969.

715 F.2d 788 (1983)

David W. EVANS, Plaintiff-Appellant, v. ARTEK SYSTEMS CORPORATION, Dynatech Corporation, J.P. Barger, William W. Welsh, Jr., Charles G. Leonhardt, Webster B. Brockelman, Jr., David K. Felbeck, John N. Fricker, Clarence A. Kemper and Michael K. Bender, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 25, 1983.


Attorney(s) appearing for the Case

I. Stephen Rabin, New York City (Allan R. Peckel, Kenneth A. Elan, Rabin & Silverman, New York City, of counsel), for plaintiff-appellant.

Stephen A. Weiner, New York City (Winthrop, Stimson, Putnam & Roberts, New York City, of counsel), for defendants-appellees Artek Systems Corp., Dynatech Corp., J.P. Barger, William W. Welsh, Jr., Webster B. Brockelman, Jr., David K. Felbeck, John N. Fricker, Clarence A. Kemper and Michael K. Bender.

Before MANSFIELD, MESKILL and KEARSE, Circuit Judges.


MANSFIELD, Circuit Judge:

David Evans appeals from an order of the Eastern District of New York, Mark A. Costantino, Judge, disqualifying the law firm of Rabin & Silverman from representing him in this action. We remand the case for further factual findings.

Evans was a shareholder of Artek Systems Corporation ("Artek"), a manufacturer of scientific measurement devices, prior to Artek's later merger into a wholly-owned subsidiary of Dynatech Corporation...

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