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LONE STAR INDUSTRIES v. CHIEFTAIN CEMENT

No. 91-CV-609C.

795 F.Supp. 87 (1992)

LONE STAR INDUSTRIES, INC., Plaintiff, v. CHIEFTAIN CEMENT CORP., Lorne Leibel and William Jahn, Defendants.

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

July 9, 1992.

Attorney(s) appearing for the Case

Tofel, Berelson & Saxl, P.C. (Lawrence E. Tofel, of counsel), Buffalo, N.Y., for plaintiff.

Hodgson, Russ, Andrews, Woods & Goodyear (Benjamin M. Zuffranieri, Jr., of counsel), Buffalo, N.Y., for defendants.

CURTIN, District Judge.

Plaintiff Lone Star Industries, Inc. (Lone Star) moves for partial summary judgment against individual defendants Lorne Leibel and William Jahn, the principal officers, stockholders and directors of defendant Chieftain Cement Corp. (Chieftain). Plaintiff seeks to hail the individual defendants into federal court and hold them liable as "guarantors" of Chieftain's indebtedness to plaintiff. Defendants Leibel and Jahn cross-move to dismiss the...

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