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FORT HOWARD PAPER CO. v. WILLIAM D. WITTER, INC.

No. 453, Docket 85-7551.

787 F.2d 784 (1986)

FORT HOWARD PAPER COMPANY, Plaintiff-Appellee, v. WILLIAM D. WITTER, INC., Thomas McKinnon Securities, Inc. and Charles F. Huber, Defendants, Thomas McKinnon Securities and Charles F. Huber, Defendants-Appellants, Charles F. HUBER, II, Third-Party Plaintiff-Appellant, v. FORT HOWARD PAPER COMPANY and Maryland Cup Corporation, Third-Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 27, 1986.

Attorney(s) appearing for the Case

Sanford Litvack, New York City (Charles W. Gerdts, III, Valerie A. Cohen, Donovan Leisure Newton & Irvine, New York City, of counsel), for plaintiff-appellee.

Elliot Paskoff, New York City (Harry T. Walters, Townley & Updike, New York City, of counsel), for defendants-appellants.

Before VAN GRAAFEILAND, NEWMAN and MINER, Circuit Judges.

MINER, Circuit Judge:

Charles F. Huber, II ("Huber") and Thomson McKinnon Securities, Inc. ("Thomson McKinnon") appeal from a judgment of the United States District Court for the Southern District of New York (Keenan, J.), declaring that appellee Fort Howard Paper Company ("Fort Howard") was not liable in contract to either Huber or Thomson McKinnon for a finder's fee in connection with the 1983 merger between Fort Howard and the Maryland Cup Corporation ("Maryland...

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