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.
United States Court of Appeals, Second Circuit.
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...
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