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HAGGERTY v. COMSTOCK GOLD CO., L.P.

No. 84 Civ. 7671 (PKL).

765 F.Supp. 111 (1991)

Robert H. HAGGERTY, Robert C. Graham, and Kirk Parrish, Individually and On Behalf of All Other Persons Who Are Class I Limited Partners of Comstock Gold Company, L.P., Plaintiffs, v. COMSTOCK GOLD COMPANY, L.P., United Mining Corporation, Raynham Hall Contracting, Inc., Timothy Collins, Maurice Castagne, George Werk and Alice Werk, Defendants. Howard T. BELLIN, M.D. and Robert M. Giller, M.D., Intervenor-Plaintiffs, v. COMSTOCK GOLD COMPANY, L.P., United Mining Corporation, Raynham Hall Contracting, Inc., Timothy Collins, Maurice Castagne, George Werk and Alice Werk, Defendants.

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

May 29, 1991.

Attorney(s) appearing for the Case

Francis R. Jones, New York City, for plaintiffs Robert C. Graham, Kirk Parrish, Howard T. Bellin, M.D. and Robert M. Giller, M.D.

Robert H. Haggerty, pro se.

Bruce H. Beckmann, P.C., New York City (Lynn Armentrout, Bruce H. Beckmann, of counsel), for defendants Comstock Gold Co., L.P., United Mining Corp., Raynham Hall Contracting, Inc., Timothy Collins and Maurice Castagne.

ORDER AND OPINION

LEISURE, District Judge:

This is an action for violation of § 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b), and Rule 10b promulgated thereunder, as well as pendent state law claims for fraud, rescission, and breach of contract and fiduciary duties. The parties have cross-moved for summary judgment. For the reasons set forth below, the cross-motion of defendants Comstock Gold Company, L.P., United Mining Corporation...

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