Court of Appeals for the Second Circuit December 4, 1972, 19, Docket 72-1288 (Fed. Sec. L. Rep. P 93,680 Security of Options Corp. v. Devilliers Nuclear Corp.)

TIMBERS, Circuit Judge:

This appeal comes to us from an order entered in the Southern District of New York, Edmund L. Palmieri,

District Judge,

on a claim alleging the breach of an underwriting agreement. The district court denied appellant’s motion for summary judgment, and dismissed the complaint.