William Swoger v. Rare Coin Wholesalers

Plaintiff-Appellant William Swoger appeals from the district court’s grant of summary judgment in favor of Defendants-Appellees Rare Coin Wholesalers, Steven L. Contursi, and Donald Kagin (collectively, Appellees). Appellees owned a rare coin known as a “Brasher Doubloon.” Swoger offered to sell Appellees information that would prove that their coin was the first legal-tender coin struck pursuant to an Act of Congress. Swoger divulged the information, but Appellees refused to pay him, and Swoger filed suit.

In due course, Appellees moved for summary judgment. After that motion had been fully briefed, Swoger moved to continue oral argument in order to depose a witness. The district court denied Swoger’s motion. On summary judgment, the district court concluded that as a matter of law, Appellee’s Brasher Doubloon was not legal tender, that Swoger’s information was without value, and that Swoger could not prevail on any of his claims. Accordingly, the district court granted summary judgment to Appellees.

Swoger appeals both the discovery ruling and the grant of summary judgment. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Ephraim Brasher was a goldsmith in late…