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VANNEST v. SAGE, RUTTY & CO., INC.

No. 90-CV-1143L.

960 F.Supp. 651 (1997)

Dean G. VANNEST, et al., Plaintiffs, v. SAGE, RUTTY & CO., INC., et al., Defendants.

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

March 31, 1997.

Attorney(s) appearing for the Case

Earl K. Cantwell, Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Andrea R. Moore, Linda H. Joseph, Jaeckle, Fleischmann & Mugel, Buffalo, NY, Edwin M. Larkin, Rochester, NY, for plaintiffs.

Fred G. Aten, Jr., William E. Easton, Gullace & Easton, Rochester, NY, for Sage, Rutty & Co., Inc.

Michael A. Brady, Hagerty & Brady, Buffalo, NY, for Mullen Securities, Inc.

Donald M. Thompson, Rochester, NY, Martin E. Muehe, Muehe & Muehe, Canandaigua, NY, for Joel Johnston.

Vincent S. Tracy, Jr., Tracy, Scott, Davis & Gioia, Buffalo, NY, Robert G. Welch, Philadelphia, PA, for Kenver Assurance Corp. of America, Kenver Corporation, Robert G. Welch, Pfeiffer House Mortgage Associates, Merion Follansbee Merion Historic Associates.

DECISION AND ORDER

LARIMER, Chief Judge.

This case arises out of the sale of limited partnership interests. Plaintiffs purchased interests in a limited partnership formed for the purpose of purchasing a first mortgage on an apartment building. The partnership was called Pfeiffer House Mortgage Associates (Pfeiffer House). The general partner was Kenver Assurance Corporation (Kenver), which was owned principally by Robert Welch (Welch). The mortgage...

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