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RUS, INC. v. BAY INDUSTRIES, INC.

No. 01 Civ. 6133(GEL).

322 F.Supp.2d 302 (2003)

RUS, INC., and Recticel Foam Corp., Inc., Plaintiffs, v. BAY INDUSTRIES, INC.; and Sac, Inc., Defendants.

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

April 1, 2003.

Attorney(s) appearing for the Case

Roger J. Marzulla, Marzulla & Marzulla, Washington, DC (Henry W. Killeen, Killeen & Killeen, Orchard Park, NY, on the brief), for plaintiffs RUS, Inc., and Recticel Foam Corp., Inc.

Douglas J. Klingberg, Ruder, Ware & Michler, LLSC, Wausau, WI (Walter A. Saurack, Satterlee, Stephens, Burke & Burke, LLP, New York City, on the brief), for defendants Bay Industries, Inc. and SAC, Inc.

OPINION AND ORDER

LYNCH, District Judge.

This suit arises out of an aborted transaction in which defendant Bay Industries, Inc. ("Bay") was to use its acquisition vehicle, SAC, Inc. ("SAC"), to purchase the stock of Soundcoat Company, a foam manufacturer owned by plaintiff Recticel Foam Corporation ("Recticel").1 After Bay and SAC declined to close on the transaction, Recticel filed suit, alleging that both Bay and SAC...

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