Legal Opinion
Harsco Corp. v. Segui
Court of Appeals for the Second Circuit
Decided August 1, 1996No. 1073, Docket 95-7929PublishedCited by 523 opinions
1Opinion of the Court
PARKER, Circuit Judge.
The central issue in this case is whether parties who negotiate at arm’s length for the sale and purchase of a company can define the transaction in a writing so as to preclude a claim of fraud based on representations not made, and explicitly disclaimed, in that writing. The United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge) answered this question affirmatively in dismissing plaintiff's complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. We…
2Cases cited25 opinions
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- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
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3Cited by523 opinions
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- Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.District Court, S.D. New York · 2011
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