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KIRCH v. LIBERTY MEDIA CORP.

Docket No. 04-5852-cv.

449 F.3d 388 (2006)

Dr. Leo KIRCH, individually and as assignee, KGL Pool GMBH, and International Television Trading Corp., Plaintiffs-Appellants, v. LIBERTY MEDIA CORP., John Malone, Deutsche Bank AG, and Dr. Rolf-Ernst Breuer, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Final Submission: November 17, 2005.

Decided: June 5, 2006.

Attorney(s) appearing for the Case

Rodney A. Smolla, University of Richmond School of Law, (David Boies, Alan B. Vickery, Philippe Z. Selendy, of counsel, Boies, Schiller & Flexner, LLP, New York, NY), Richmond, VA, for Plaintiff-Appellant Dr. Leo Kirch.

Michael E. Petrella, Law Offices of Sean F. O'Shea, New York, NY, for Plaintiff-Appellant International Television Trading Corp.

R. Stan Mortenson, Baker Botts, LLP (Jeffrey A. Lamken, Michael L. Calhoon, of counsel), New York, NY, for Defendants-Appellees Liberty Media, Corp. and John Malone.

Jeffrey Baris, Millbank, Tweed, Hadley & McCloy LLP, New York, NY, for Defendants-Appellees Deutsche Bank AG and Dr. Rolf-Ernst Breuer.

Before: OAKES, JACOBS, and SACK, Circuit Judges.

SACK, Circuit Judge.

Plaintiff-appellant Dr. Leo Kirch is the founder of KirchGroup, once a prominent German group of mass-media entities. He alleges that defendants-appellees Liberty Media Corp. ("Liberty") and Deutsche Bank AG ("Deutsche Bank") had strong economic interests in seeing Kirch's empire broken apart and that, in order to bring about such a breakup, they conspired to ensure KirchGroup's financial collapse. Dr. Kirch further alleges that in February 2002...

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