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BERCKELEY INVESTMENT GROUP v. COLKITT

No. 00-3433.

259 F.3d 135 (2001)

Berckeley Investment Group, Ltd., v. Douglas Colkitt; Shoreline Pacific Institutional Finance, the Institutional Division of Finance West Group; National Medical Financial Services Corporation, Douglas Colkitt, Appellant.

United States Court of Appeals, Third Circuit.

Filed July 26, 2001.

Attorney(s) appearing for the Case

James P. Kimmel, Jr., Esq. (Argued), Peter Konolige, Esq., Marcy L. Colkitt & Associates, 983 Old Eagle School Road, The Woods, Suite 618 Wayne, PA 19087, Counsel for Appellant.

Mitchell R. Katz, Esq. (Argued), Jay Starkman, Esq., Joel Magolnick, Esq., Moscowitz, Starkman & Magolnick, Bank of America Tower, 37th Floor 100 Southeast 2nd Street, Miami, FL 33131; Luis E. Delgado, Esq., Homer, Bonner & Delgado, Bank of America Tower, Suite 3400, 100 Southeast 2nd Street, Miami, FL 33131, Counsel for Appellee Berckeley Investment Group, Ltd.

Michael J. Lawson, Esq. (Argued), Lisa M. Carvalho, Esq., Steefel, Levitt & Weiss, P.C., One Embarcadero Center, 30th Floor, San Francisco, CA 94111; James J. Kutz, Esq., Duane, Morris & Heckscher, 305 North Front Street, P.O. Box 1003, 5th Floor, Harrisburg, PA 17108-1003, Counsel for Appellee Shoreline Pacific Institutional Finance, The Institutional Division of the Financial West Group.

BEFORE: SCIRICA, AMBRO, Circuit Judges, and POLLAK, District Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge:

Defendant-Appellant Douglas Colkitt appeals from the District Court's award of summary judgment in favor of the Plaintiff-Appellee Berckeley Investment Group, Ltd. ("Berckeley"), and the denial of his own cross-motion for summary judgment. Berckeley's claims against Colkitt are for breach of contract — more particularly, Colkitt's refusal to convert debentures held by Berckeley into unregistered shares of...

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