Shacket v. Philko Aviation, Inc.

MEMORANDUM OPINION AND ORDER

SHADUR, District Judge.

Maurice and Sylvia Shacket (“Shackets”) originally sued Roger Smith (“Smith”), Roger Smith Aircraft Sales, Inc. (“Smith Aircraft”), Philko Aviation, Inc. (“Philko”), its president Edward J. McArdle (“McArdle”) and Sandwich State Bank (“Bank”) for declaratory relief (Count I) and fraud (Count II). This Court’s September 22, 1980 memorandum opinion and order (497 F.Supp. 1262) granted Shacket’s motion for summary judgment on Count I and the Philko-McArdle motion for summary judgment on Count II. On Philko’s appeal as to Count I, our Court of…