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BYRNES v. FAULKNER, DAWKINS & SULLIVAN

No. 73 Civ. 670.

362 F.Supp. 864 (1973)

Thomas J. BYRNES and Francis R. Santangelo, Plaintiffs, v. FAULKNER, DAWKINS & SULLIVAN and Singer & Mackie, Inc., Defendants. FAULKNER, DAWKINS & SULLIVAN, Counterclaim-Plaintiff, v. Thomas J. BYRNES et al., Counterclaim-Defendants.

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

June 19, 1973.

Attorney(s) appearing for the Case

Carro, Spanbock & Londin, New York City, for plaintiffs.

Jacobs, Persinger & Parker, New York City, for defendant Faulkner, Dawkins & Sullivan.

Borden & Ball, New York City, for defendant Singer & Mackie, Inc.

Lawler, Sterling & Kent, New York City, for counterclaim-defendant Tobey & Kirk.

GURFEIN, District Judge.

THE STATE COURT ACTION

An action was begun in the Supreme Court, New York County by the plaintiffs, Byrnes and Santangelo ("Byrnes") against the defendants Faulkner, Dawkins & Sullivan ("Faulkner") for breach of contract. That complaint alleged that on June 7, 1971, the plaintiffs, through their broker, Tobey & Kirk ("Tobey"), sold, pursuant to a registration statement and prospectus, 44,000 shares of the common stock of...

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