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POMEROY v. SCHLEGEL CORP.

No. CIV-91-6094T.

780 F.Supp. 980 (1991)

Andrew G. POMEROY, Plaintiff, v. SCHLEGEL CORPORATION, Defendant.

United States District Court, W.D. New York.

December 19, 1991.

Attorney(s) appearing for the Case

Scott A. Forsyth, Kaufman & Forsyth, Rochester, N.Y., for plaintiff.

Harry P. Truehart, III, Robert B. Calihan, Nixon, Hargrave, Devans & Doyle, Rochester, N.Y., for defendant.

DECISION AND ORDER

TELESCA, Chief Judge.

INTRODUCTION

Plaintiff Andrew Pomeroy filed this action on March 8, 1991, alleging that the defendant, Schlegel Corporation ("Schlegel") engaged in securities fraud in violation of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), (the "1934 Act") and in addition, alleging pendant state law claims of common law fraud and breach of contract. Defendant Schlegel now moves for summary...

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