THOMAS AMERICA CORP. v. FITZGERALD

No. 94 Civ. 0262 (CBM).

957 F.Supp. 523 (1997)

THOMAS AMERICA CORP., Plaintiff, v. Robert M. FITZGERALD, Defendant.

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

March 27, 1997.


Attorney(s) appearing for the Case

Alfred C. Constants, III, Carella, Byrne, Bain, Gilfillan, Cecci, Stewart & Olstein, Roseland, NJ, for Thomas America Corp.

Robert M. Fitzgerald, Denver, CO, pro se.


MOTLEY, District Judge.

Defendant Robert M. Fitzgerald has requested that the court enforce a settlement agreement which he claims has been reached by the parties. Plaintiff Thomas America denies that such an agreement was ever concluded.

This case has a protracted and muddled history which does not need to be explored in depth here. The only matter presently pending before the court is whether a binding settlement agreement was concluded between the parties...

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