Dunhill Securities Corp. v. Microthermal Applications, Inc.
District Court, S.D. New York
1Opinion of the Court
MEMORANDUM
LASKER, District Judge.
The defendant moves, pursuant to Rules 12(b) (6) and 56(b) of the Federal Rules of Civil Procedure, for summary judgment in a contract action. Jurisdiction is based on diversity of citizenship.
The controversy centers on a letter executed by the parties on September 13, 1968. This document sets forth a preliminary understanding between the parties in regard to a proposed public offering of common stock of defendant, the plaintiff to act as principal underwriter. Such a paper is commonly referred to as a “letter of intent,” and is customarily employed to reduce…
2Cases cited4 opinions
- Smith v. Onyx Oil & Chemical Co.Court of Appeals for the Third Circuit · 1955
- Tradeways Incorporated, Plaintiff-Appellee-Appellant v. Chrysler Corporation, Defendant-Appellant-AppelleeCourt of Appeals for the Second Circuit · 1965
- Merritt-Chapman & Scott Corp. v. Public Utility District No. 2 of Grant CountyDistrict Court, S.D. New York · 1965
- Banking & Trading Corporation v. FloeteCourt of Appeals for the Second Circuit · 1958
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- Jane Borda Feick, Joseph L. Borda, Jr., Anthony Borda, Charles Borda, Jr., and Ann Borda Marin v. Charles J. Fleener and Sally Fleener CaveCourt of Appeals for the Second Circuit · 1981
- Abt Associates, Inc. v. Jhpiego Corp.District Court, D. Maryland · 2000
- Phoenix Mutual Life Insurance v. Shady Grove Plaza Ltd. PartneshipDistrict Court, D. Maryland · 1990
- Chatterjee Fund Management, L.P. v. Dimensional Media AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
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