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  5. 751 F.Supp. 1144 (1990)
 

CHARIOT GROUP v. AMERICAN ACQUISITION PARTNERS

No. 89 Civ. 2868 (LLS).

751 F.Supp. 1144 (1990)

The CHARIOT GROUP, INC., Plaintiff, v. AMERICAN ACQUISITION PARTNERS, L.P., American Acquisition Partners, Ltd., B.A. Partners L.P., B.A. International, Inc., Colin J. Draper, Inc., Colin J. Draper, and Ted Bustany, Defendants.

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

December 4, 1990.

Attorney(s) appearing for the Case

Latham & Watkins, New York City (Selvyn Seidel, Louis Zeitzew, of counsel), for plaintiff.

Davis, Markel & Edwards, New York City (Jay E. Gerber, George F. Hritz, Michele M. Newman, of counsel), for defendants.

OPINION AND ORDER

STANTON, District Judge.

Each side moves for summary judgment in its favor on the issue of whether a contract had been made when negotiations regarding the sale of a corporation fell apart.

BACKGROUND

In mid-1988 plaintiff, The Chariot Group, Inc. ("Chariot"), decided to sell one of its wholly owned subsidiaries, Energy Saving Products, Inc. ("ESP"), by an auction. Chariot retained as its agent Citicorp Mergers and Acquisitions...

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