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BGL DEVELOPMENT, INC. v. XPEDITE SYSTEMS, INC.

No. 00 CIV. 8395(MGC).

184 F.Supp.2d 360 (2002)

BGL DEVELOPMENT, INC., d/b/a The Bristol Group, Plaintiff, v. XPEDITE SYSTEMS, INC., Defendant.

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

January 28, 2002.

Attorney(s) appearing for the Case

Miller & Wrubel P.C., by Martin D. Edel, Dana B. Zimmerman, New York City, for Plaintiff.

Alston & Bird LLP, by John A. Jordak, Jr., Jessica L. Perry, Atlanta, GA, for Defendant.

OPINION AND ORDER

CEDARBAUM, District Judge.

BGL Development, Inc. ("BGL") sues Xpedite Systems, Inc. ("Xpedite") for breach of contract, claiming that Xpedite failed to pay commissions that BGL was entitled to receive. Plaintiff contends that a letter, signed by defendant and sent to plaintiff with an "Agency Marketing Agreement" ("Agreement"), modified plaintiff's obligations under the Agreement. Defendant now moves for summary judgment on the grounds...

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