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GENERAL TECHNOLOGY APPLICATIONS, INC. v. EXRO LTDA

No. 03-1860.

388 F.3d 114 (2004)

GENERAL TECHNOLOGY APPLICATIONS, INCORPORATED, a dissolved Virginia corporation, Plaintiff-Appellee, v. EXRO LTDA, Defendant-CounterclaimantAppellant, v. General Technology Applications, Incorporated, a dissolved Virginia corporation; Jerry C. Trippe; James G. Couch; Denis M. Neill; Thomas T. Scambos; William Weitzen; Paul F. Waters; Albert F. Haderman, Counterclaim DefendantsAppellees. Exro Ltda, derivatively on behalf of EXG LLC; Plaintiff-Appellant, v. Denis M. Neill; Thomas T. Scambos; William Weitzen; Paul F. Waters; Albert F. Haderman; John W. O'connell; Steven Perles; Richard B. Weitzen; Terry A. Craig; Estate Of William Weitzen; Estate Of David A. Wright; General Technology, Llc; GTA LLC; John And Jane Does 1-200, Defendants-Appellees, EXG LLC, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: October 28, 2004.

Attorney(s) appearing for the Case

ARGUED: Thomas Joseph Hall, Chadbourne & Parke, L.L.P., New York, New York, for Appellant. John Patrick Rowley, III, Holland & Knight, L.L.P., McLean, Virginia; Robert Powel Trout, Trout & Richards, P.L.L.C., Washington, D.C., for Appellees.

ON BRIEF: Gregory J. Kerr, Jennifer L. Frattini, Chadbourne & Parke, L.L.P., New York, New York; Paul B. Terpak, David J. Gogal, Blankingship & Keith, Fairfax, Virginia, for Appellant.

Richard O. Duvall, Jennifer A. Short, Robert T. Hicks, Holland & Knight, L.L.P., McLean, Virginia; John Thorpe Richards, Jr., Trout & Richards, P.L.L.C., Washington, DC, for Appellees.

Before WILKINS, Chief Judge, MOTZ, Circuit Judge, and C. Arlen BEAM, Senior Circuit Judge of the United States Court of

Vacated and remanded with instructions by published opinion. Senior Judge BEAM wrote the opinion, in which Chief Judge WILKINS and Judge MOTZ joined.

OPINION

BEAM, Senior Circuit Judge:

Two cases give rise to this appeal. Both originated in state court and were removed to federal court under 28 U.S.C. § 1441. They were later consolidated. To summarize, and possibly oversimplify, Exro, Ltda. (Exro) asserted various claims against a variety of...

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