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FUNDAMENTAL PORTFOLIO ADVISORS, INC. v. TOCQUEVILLE ASSET MANAGEMENT., L.P.

22 A.D.3d 204 (2005)

802 N.Y.S.2d 17

FUNDAMENTAL PORTFOLIO ADVISORS, INC., et al., Appellants, v. TOCQUEVILLE ASSET MANAGEMENT, L.P., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 4, 2005.

This breach of contract action arises from the decision of the board of directors of a family of mutual funds (collectively the Fundamental Funds or the Funds) to replace plaintiffs as their investment advisor and distributor. Plaintiff Lance Brofman is the founder and former president and chief portfolio strategist of the Funds. He is also the principal shareholder and president of the Funds' former advisor, plaintiff Fundamental Portfolio Advisors (FPA), and a shareholder...

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