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ENVIROKARE TECH, INC. v. PAPPAS

No. 05 Civ. 5515(LAK).

420 F.Supp.2d 291 (2006)

ENVIROKARE TECH, INC., Plaintiff, v. Steve PAPPAS, Defendant.

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

March 10, 2006.

Attorney(s) appearing for the Case

Zachary W. Carter, Roger J. Magnuson, Thomas M. Jancik, Dorsey & Whitney LLP, New York City, for Plaintiff.

John D. Holden, New York City, Windels Marx Lane & Mittendorf, LLP, for Defendant.

MEMORANDUM OPINION

KAPLAN, District Judge.

This is an action against plaintiff's former chief executive officer, Steve Pappas, for breach of fiduciary duty and a declaration of the continuing validity of a voting trust containing some of the shares of Envirokare Tech, Inc. ("Envirokare") owned by Pappas. Pappas counterclaims on various theories, but the claim relevant here is that he is entitled pursuant to the company's by-laws to the advancement of the...

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