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800AMERICA, INC. v. CONTROL COMMERCE, INC.

No. 01 Civ.1953 (JSR).

202 F.Supp.2d 288 (2002)

800AMERICA, INC., Plaintiff, v. CONTROL COMMERCE, INC., MindArrow Systems, Inc., and Robin Esterson, Defendants.

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

May 28, 2002.

Attorney(s) appearing for the Case

Michael J. Calvey, Sokolow, Dunaud, Mercadier & Carreras, L.L.P., New York, NY, for 800Amercia, Inc.

James M. Altieri, Drinker, Biddle & Reath, L.L.P., New York, NY, for Control Commerce, Inc., John Does, 1 through 5.

Andrew J. Frackman, O'Melveny & Myers, L.L.P., New York, NY, for MindArrow Systems, Inc.

MEMORANDUM

RAKOFF, District Judge.

By Order dated November 15, 2001, the Court granted the motion of co-defendant MindArrow Systems, Inc. ("Mind Arrow") for summary judgment in its favor. This Memorandum will briefly state the reasons for that ruling.1

The pertinent facts, either undisputed or, where disputed, taken most favorably to plaintiff 800America, Inc. ("800America") are as follows. Beginning as early as...

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