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PRODUCTION RESOURCES v. NCT GROUP

C.A. No. 114-N.

863 A.2d 772 (2004)

PRODUCTION RESOURCES GROUP, L.L.C., a Delaware limited liability company, Plaintiff, v. NCT GROUP, INC., a Delaware corporation, Distributed Media Corporation, a Delaware corporation, and Michael J. Parrella, John J. McCloy, II, Samuel A. Oolie, Irene Lebovics, and CY E. Hammond, Defendants.

Court of Chancery of Delaware, New Castle County.

Decided: November 17, 2004.

Attorney(s) appearing for the Case

Vernon R. Proctor, Esquire, Patricia L. Enerio, Esquire, The Bayard Firm, Wilmington, Delaware, Attorneys for Plaintiff.

Scott D. Cousins, Esquire, Paul D. Brown, Esquire, Greenberg Traurig, LLP, Wilmington, Delaware, and Adam D. Cole, Esquire, Karen Y. Bitar, Esquire, Greenberg Traurig, LLP, New York, New York, Attorneys for Defendants.

OPINION

STRINE, Vice Chancellor.

Plaintiff Production Resources Group, L.L.C. ("PRG") has been trying to collect a debt from defendant NCT Group, Inc. since 1999. PRG sought and obtained a judgment against NCT for approximately $2,000,000, plus interest, in the Connecticut court system. But PRG has been unsuccessful in collecting on the judgment, despite continuing legal proceedings in Connecticut to compel payment.

In the meantime, however, NCT...

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