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PENTECH INTERN., INC. v. WALL STREET CLEARING CO.

Nos. 1770, 1863, Dockets 92-7222, 92-7264.

983 F.2d 441 (1993)

PENTECH INTERNATIONAL, INC., Plaintiff-Appellee, v. WALL STREET CLEARING CO., Defendant-Appellant-Cross-Appellee, Shareholders and Consultants of Beuret & Company, Ltd., Defendant-Appellee-Cross-Appellant, Helmut Meister, Defendant-Appellee, Beuret & Company, Ltd., Defendant.

United States Court of Appeals, Second Circuit.

Decided January 13, 1993.

Attorney(s) appearing for the Case

Steven G. Brody, New York City (Michael M. Gordon, Evan M. Eisland, Cadwalader, Wickersham & Taft, on the brief), for defendant-appellant-cross-appellee.

David B. Hamm, New York City (Herbert Rubin, John M. Schwartz, Noreen M. Giusti, Herzfeld & Rubin, on the brief), for defendant-appellee-cross-appellant.

David R. Taxin, New York City (Dahan & Nowick, on the brief), for defendant-appellee.

Joyce F. Celnik, Richard S. Kalin, New York City, filed a letter brief for plaintiff-appellee.

Before NEWMAN, PRATT, and WALKER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal concerns conflicting claims to portions of an underwriter's warrant asserted by those claiming a contractual right to portions of the warrant and by the holder of an alleged security interest in the warrant. The dispute arises on an appeal and cross-appeal from the January 24, 1992, judgment of the District Court for the Southern District of New York (Whitman Knapp, Judge). Judge Knapp's Memorandum Opinion and Order is published...

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