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KENNEDY v. JOSEPHTHAL & CO., INC.

Civ. A. No. 82-913-MA.

635 F.Supp. 399 (1985)

Thorburn KENNEDY, Trustee, Edward M. Swartz and Frederic A. Swartz, Plaintiffs, v. JOSEPHTHAL & CO., INCORPORATED, Defendant and Third-Party Plaintiff, v. NRG COAL ASSOCIATES 1979-II, et al., Third-Party Defendants.

United States District Court, D. Massachusetts.

September 11, 1985.

Attorney(s) appearing for the Case

Thomas H. Tucker, Boston, Mass., for plaintiffs.

Gerald H. Abrams, Newton, Mass., Harold Baer, Jr. and Alan Raylesberg, Guggenheimer & Untermyer, New York City, for defendant and third-party plaintiffs.

Eliot Lobel, Boston, Mass., Edward Ellers, Klehr, Harrison, Harvey, Branzburg, Ellers & Weir, Philadelphia, Pa., Michael A. Collora, Hemenway & Barnes, John J. Curtin, Bingham, Dana & Gould, Boston, Mass., for third-party defendants.

MEMORANDUM AND ORDER

MAZZONE, District Judge.

This matter is before the Court on the defendant Josephthal's motion for summary judgment. I have addressed earlier aspects of this case on three occasions, and have issued memoranda and orders on June 29, 1982, May 9, 1983 and January 23, 1984. Those memoranda provide the background of this case and I will not repeat it here. Essentially, the plaintiffs, Edward M. Swartz and Frederick Swartz, invested $200,000...

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