Fed. Sec. L. Rep. P 93,680 Security of Options Corp. v. Devilliers Nuclear Corp.

TIMBERS, Circuit Judge:

This appeal comes to us from an order entered in the Southern District of New York, Edmund L. Palmieri, District Judge, on a claim alleging the breach of an underwriting agreement. The district court denied appellant’s motion for summary judgment, and dismissed the complaint. The primary issue before us is whether the district court erred in holding that, under the terms of the agreement, the underwriter was not entitled to request simultaneously the registration of its warrants and the registration of the underlying shares. By virtue of the plain and unambiguous…