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EUREKA VIII v. NIAGARA FALLS HOLDINGS

C.A. No. 1203-N.

899 A.2d 95 (2006)

EUREKA VIII LLC, Plaintiff, v. NIAGARA FALLS HOLDINGS LLC, Defendant, Niagara Falls Redevelopment, LLC, Nominal Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: June 6, 2006.

Attorney(s) appearing for the Case

Andre G. Bouchard, James G. McMillan, III, Bouchard, Margules & Friedlander, P.A., Wilmington, for Plaintiff.

David S. Eagle, Patrick A. Costello, Klehr, Harrison, Harvey, Branzburg & Ellers, L.L.P., Wilmington, for Defendant.

OPINION

STRINE, Vice Chancellor.

Plaintiff Eureka VIII LLC ("Eureka") holds a 50% membership interest in Niagara Falls Redevelopment, LLC ("Niagara Redevelopment"), and alleges that Niagara Falls Holdings LLC ("Holdings"), the owner of the remaining 50% interest in Niagara Redevelopment, has committed several material breaches of the Niagara Redevelopment LLC Agreement (the "LLC Agreement"). As a result, Eureka seeks...

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