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AIH ACQUISITION CORP., LLC v. ALASKA INDUS. HARDWARE, INC.

No. 02 Civ. 7939(RO).

306 F.Supp.2d 455 (2004)

AIH ACQUISITION CORP. LLC and Lincolnshire Management, Inc. Plaintiffs, v. ALASKA INDUSTRIAL HARDWARE, INC., Josef F. Boehm and Alaska Industrial Hardware Employee Stock Ownership Plan Defendants.

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

March 3, 2004.

Attorney(s) appearing for the Case

Sean F. O'Shea, Michael E. Petrella, Law Offices of Sean F. O'Shea, New York City, for Plaintiffs.

Robert D. Piliero, Piliero, Goldstein, Kogan & Mitchell, LLP, New York City, for Defendants.

OPINION AND ORDER

OWEN, District Judge.

In August 2001, plaintiff Lincolnshire Management created AIH Acquisition Corporation ("AIH Acquisition"), which it wholly owns, to purchase and hold Alaska Industrial Hardware ("AIH"), of Anchorage, Alaska. Lincolnshire, AIH Acquisition and AIH then entered into a commitment letter ("Commitment") expressing the parties' intent that "the Buyer and the Company, the Seller and its agent will exert every reasonable...

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