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  5. 939 F.Supp. 992 (1996)
 

CAPITAL DIST. PHYSICIAN'S HEALTH PLAN v. O'HIGGINS

No. 94-CV-61.

939 F.Supp. 992 (1996)

CAPITAL DISTRICT PHYSICIAN'S HEALTH PLAN, Plaintiff, v. Michael O'HIGGINS, d/b/a Michael O'Higgins & Co., and David Oberting, Defendants.

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

September 11, 1996.

Attorney(s) appearing for the Case

Iseman, Cunningham, Riester & Hyde, Albany, NY (Robert H. Iseman, of counsel), for plaintiff.

Thorn & Gershon, Albany, NY (Paul J. Catone, of counsel), for defendant.

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

Now comes plaintiff Capital District Physician's Health Plan ("CDPHP") and defendant Michael O'Higgins ("O'Higgins") with cross-motions for summary judgment in a dispute involving a failed investment. Oral argument was heard at this court's motion term in Albany on October 31, 1995. What follows constitutes the court's memorandum-decision and order in this matter.

I. BACKGROUND...

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