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GATEWAY COMPANIES, INC. v. OFFICEMAX, INC.

No. 01 CIV. 6724(RO).

176 F.Supp.2d 211 (2001)

GATEWAY COMPANIES, INC., Plaintiff, v. OFFICEMAX, INC., Defendant.

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

December 21, 2001.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Greene & MacRae, Dennis Kerrigan, Esq., David Hetzel, Esq., Ronald Zdrojeski, Esq., New York City, for Plaintiff.

Jones, Day, Reavis & Pogue, Patrick G. Broderick, Esq., Edward Sebold, Esq., New York City, for Defendant.

OPINION AND ORDER

OWEN, District Judge.

Following the souring of their "Strategic Alliance," plaintiff Gateway Companies, Inc. ("Gateway") initiated this breach of contract action against defendant OfficeMax, Inc. ("OfficeMax") in July 2001 for failure to redeem some $20,000,000 of OfficeMax preferred stock, which Gateway had purchased as part of their alliance. OfficeMax moves to dismiss the complaint for failure to state a claim upon which relief...

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