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McMAHON v. NEW CASTLE ASSOCIATES

Civ. A. No. 87-526-JRR.

687 F.Supp. 138 (1988)

Gordon McMAHON, Plaintiff, v. NEW CASTLE ASSOCIATES, Pan American Associates; Richard I. Rubin & Company; and Richard I. Rubin & Co., Inc., Defendants.

United States District Court, D. Delaware.

May 26, 1988.

Attorney(s) appearing for the Case

Robert K. Payson, John E. James and Richard L. Horwitz of Potter, Anderson & Corroon, Wilmington, Del. (Michael P. Malakoff and Fred S. Longer of Berger, Kapetan, Malakoff & Meyers, P.C., Pittsburgh, Pa., of counsel), for plaintiff.

Edward M. McNally and Mary M. Johnston of Morris, James, Hitchens & Williams, Wilmington, Del. (Michael S. Silberman of Silberman & Raslavich, Philadelphia, Pa., of counsel), for defendants.

OPINION

ROTH, District Judge.

I. INTRODUCTION AND FACTS.

This case is before the Court on defendants' motion to dismiss Counts I, II and IV (to the extent it relates to Counts I and II) of the Complaint. As both parties have submitted matters outside the pleadings, the motion to dismiss shall be treated as one for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. See Fed.R.Civ.P. 12(b). Following are the facts as construed...

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