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BISCHOFF v. BOAR'S HEAD PROVISIONS CO., INC.

No. 06 Civ. 106(DC).

436 F.Supp.2d 626 (2006)

Eric BISCHOFF, individually and as a member of Frank Brunckhorst Co., L.L.C., and in the right of and on behalf of Frank Brunckhorst Co., L.L.C., Plaintiff, v. BOAR'S HEAD PROVISIONS CO., INC., Frank Brunckhorst III and Robert S. Martin, individually and as managers and members of Frank Brunckhorst Co., L.L.C., and as directors and officers of Boar's Head Provisions Co.; Inc., and Barbara Brunckhorst, individually and as a member of Frank Brunckhorst Co., L.L.C., and as a director of Boar's Head Provisions Co., Inc., Defendants, and Frank Brunckhorst Co., L.L.C., Nominal Defendant.

United States District Court, S.D. New York.

June 29, 2006.

Attorney(s) appearing for the Case

Schulte Roth & Zabel LLP by Martin L. Perschetz, Michael E. Swartz, Brian Stavrides, New York, NY, for Plaintiff.

Weil, Gotshal & Manges LLP by Peter D. Isakoff, Mitchell D. Haddad, Jared R. Friedmann, Timothy D. Sini, Eand Golenbock Eiseman Assor Bell & Peskoe LLP by Martin S. Hyman, New York, NY, for Defendants and Nominal Defendant.

OPINION

CHIN, District Judge.

In this diversity case, plaintiff Eric Bischoff sues the controlling members and managers of Frank Brunckhorst Co., LLC ("FB Co."), the nationwide distributor of the well-known Boar's Head delicatessen products, for purportedly diverting millions in profits from FB Co. to Boar's Head Provisions Co., Inc. ("Provisions"), one of FB Co.'s suppliers. Although Bischoff and defendants have ownership interests in both companies...

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