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Charles F. Huber, II ("Huber") and Thomson McKinnon Securities, Inc. ("Thomson McKinnon") appeal from a judgment of the United States District Court for the Southern District of New York (Keenan, J.), declaring that appellee Fort Howard Paper Company ("Fort Howard") was not liable in contract to either Huber or Thomson McKinnon for a finder's fee in connection with the 1983 merger between Fort Howard and the Maryland Cup Corporation ("Maryland Cup"). The judgment also dismissed counterclaims for fraud asserted by Huber against Fort Howard and Maryland Cup. The appeal also seeks review of Judge Keenan's denial of appellant's motion to stay, dismiss or transfer this declaratory judgment action, 578 F.Supp. 301. We affirm Judge Keenan's ruling on the motion to stay, dismiss or transfer the declaratory judgment action. We also affirm Judge Keenan's decision on the contract claims but reverse and remand on the fraud claims.


787 F.2d 784 (1986)

FORT HOWARD PAPER COMPANY, Plaintiff-Appellee, v. WILLIAM D. WITTER, INC., Thomas McKinnon Securities, Inc. and Charles F. Huber, Defendants, Thomas McKinnon Securities and Charles F. Huber, Defendants-Appellants, Charles F. HUBER, II, Third-Party Plaintiff-Appellant, v. FORT HOWARD PAPER COMPANY and Maryland Cup Corporation, Third-Party Defendants-Appellees.

No. 453, Docket 85-7551.

United States Court of Appeals, Second Circuit.

Argued November 19, 1985.

Decided March 27, 1986.

New York Law School location: File #69, Box #31