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BESSEMER TRUST CO., N.A. v. BRANIN

Docket Nos. 08-2462-cv(L), 08-2677-cv(XAP).

618 F.3d 76 (2010)

BESSEMER TRUST COMPANY, N.A., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant, v. Francis S. BRANIN, Jr., Defendant-Counterclaimant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Question Certified: August 24, 2010.

Attorney(s) appearing for the Case

Donald I. Strauber , Chadbourne & Parke LLP ( Gretchen N. Werwaiss , Marjory T. Herold , and Bernadette K. Galiano , of counsel), New York, N.Y., for Plaintiff-Counter-Defendant-Appellee-Cross-Appellant.

Louis P. DiLorenzo , Bond, Schoeneck & King PLLC ( Michael I. Bernstein and Michael P. Collins , of counsel), New York, N.Y., for Defendant-Counterclaimant-Appellant-Cross-Appellee.

Before: McLAUGHLIN, CALABRESI, and SACK, Circuit Judges.

SACK, Circuit Judge:

The defendant Francis S. Branin, Jr., a former principal in an investment management firm, and his partners sold their firm and its good will to another investment management firm, the plaintiff Bessemer Trust Company, N.A. ("Bessemer"). Soon dissatisfied with his employment at Bessemer, Branin left and joined a competitor. He did not contact his former clients in search of their business directly, but...

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