Leon Klein v. Robert R. Frank, and Peter Strelkow, Etc.

LYNNE, District Judge:

In his complaint, filed January 9, 1974, plaintiff (appellant), Leon Klein, claimed of defendants, Robert R. Frank, Peter Strelkow and Richard B. Marx, individually and doing business as Frank, Strelkow & Marx, a partnership, damages in the amount of $1,300,000.00 for breach by defendants of a contract to sell for plaintiff 65,000 shares of the common stock of Fallon Smith Corporation and to remit to him the proceeds of sale. After plaintiff, in this action tried by the court without a jury, had completed the presentation of his evidence, the Court granted the motion…