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HARSCO CORP. v. SEGUI

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...

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