EXCIMER ASSOCIATES, INC. v. LCA VISION, INC.

Docket No. 00-9390.

292 F.3d 134 (2002)

EXCIMER ASSOCIATES, INC., Plaintiff-Appellee, Cabrini Development Council, Suing individually and derivatively on behalf of and for the benefit of Excimer Associates, L.L.C., a New York Limited Liability Company, CDC Operations, Inc., Suing individually and derivatively on behalf of and for the benefit of Excimer Associates, L.L.C., a New York Limited Liability Company, Plaintiffs-Counter-Defendants-Appellees, v. LCA VISION, INC., Defendant-Counter-Claim-Plaintiff-Appellant, Stephen N. Joffe, Larry Rapp, Gregory Livingston, Judith Crist, Sandra Joffe, Craig Joffe & John Hassan, Defendants-Counter-Claimants-Appellants, New York Refractive Eye Association, P.C., Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 31, 2002.


Attorney(s) appearing for the Case

Robert S. Churchill, McLaughlin & Stern, LLP, New York, N.Y. (Brendan R. Marx, of counsel), for Appellants.

Joel A. Chernov, Dreier & Baritz LLP, New York, NY, for Appellees.

Before MINER and SACK, Circuit Judges, and BERMAN, District Judge.


PER CURIAM.

Appellants LCA Vision, Inc. and its officers and directors, Stephen N. Joffe, Larry Rapp, Gregory Livingston, Judith Crist, Sandra Joffe, Craig Joffe, and John Hassan, appeal from a judgment entered in the United States District Court for the Southern District of New York (Chin, J.), remanding to the state court from which it was removed the first of two consolidated actions, the court having determined...

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