Galacticomm Technologies, Inc. v. First Equity Corp. of Florida

SCHWARTZ, Chief Judge.

The appellant Galacticomm sued the ap-pellee for the breach of a “firm commitment” agreement under which the defendant was to have underwritten an initial public offering of Galacticomm securities. It now appeals from a judgment dismissing the complaint with prejudice. We reverse on a holding that the complaint adequately stated a cause of action and that First Equity’s assertion that it acted appropriately under the agreement does no more than present questions for the finders of fact. See Walk-In Medical Centers, Inc. v. Breuer Capital Corp., 818 F.2d 260 (2d…