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THE UPPER DECK CO., LLC v. BREAKEY INTERN., BV

No. 03 Civ. 8978(MGC).

390 F.Supp.2d 355 (2005)

THE UPPER DECK COMPANY, LLC, Plaintiff, v. BREAKEY INTERNATIONAL, BV, Defendant. Breakey International, BV, Counterclaim Plaintiff, v. The Upper Deck Company, LLC, Counterclaim Defendant.

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

September 29, 2005.

Attorney(s) appearing for the Case

O'Melveny & Myers LLP, The Upper Deck Company, LLC, New York City, By: Dale M. Cendali, Daniel L. Cantor, Claudia E. Ray, for Plaintiff-Counterclaim Defendant.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, BreaKey International, BV, New York City, By: Mark H. Alcott, Eric Twiste, Nili T. Moghaddam, Jason K. Sonoda, for Defendant-Counterclaim Plaintiff.

OPINION

CEDARBAUM, District Judge.

The Upper Deck Company, LLC ("Upper Deck") has moved for partial summary judgment dismissing the counterclaims of BreaKey International, BV ("BreaKey") for lost royalties, unspent advertising dollars, and punitive damages for breach of contract. At oral argument on February 2, 2005, summary judgment was granted to Upper Deck dismissing BreaKey's counterclaim for punitive damages. For the reasons that follow, the...

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