No. 1073, Docket 95-7929.

91 F.3d 337 (1996)

HARSCO CORPORATION, Plaintiff-Appellant, v. Rene SEGUI, Defendant, MHC Holding Corp.; Dyson-Kissner-Moran Corp.; DKM-MLP Limited Partnership and Adler & Shaykin Fund II, L.P., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 1, 1996.

Attorney(s) appearing for the Case

James J. Hagan, New York City (Joseph M. McLaughlin, Nancy L. Swift, Simpson Thacher & Bartlett, New York City, of counsel), for Plaintiff-Appellant.

Alvin B. Davis, Miami, FL (Jeffrey L. Kravetz, Steel Hector & Davis, Miami, FL, of counsel), for Defendant-Appellee Adler & Shaykin Fund II, L.P.

Yosef J. Riemer, New York City (Aitken Thompson, Kirkland & Ellis, New York City, Darrell K. Fennell, Philip M. Chiappone, Fennell & Chiappone LLP, New York City, of counsel), for Defendants-Appellees MHC Holding Corp., Dyson-Kissner-Moran Corp. and DKM-MLP Limited Partnership.

Before: NEWMAN, Chief Judge, FEINBERG and PARKER, Circuit Judges.

PARKER, Circuit Judge.

The central issue in this case is whether parties who negotiate at arm's length for the sale and purchase of a company can define the transaction in a writing so as to preclude a claim of fraud based on representations not made, and explicitly disclaimed, in that writing. The United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge ) answered this question affirmatively in dismissing plaintiff's complaint...


Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.



Read it with your Leagle account.
Sign in to continue

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases