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DESIGN STRATEGY, INC. v. DAVIS

Docket No. 05-4909-CV.

469 F.3d 284 (2006)

DESIGN STRATEGY, INC., Plaintiff-Counter-Defendant-Appellant, v. Marc E. DAVIS, Defendant-Counterclaimant-Appellee, Info Technologies, Inc., Info Technologies Web Solutions, Inc., and John Goullet, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 19, 2006.

Attorney(s) appearing for the Case

Jack S. Dweck, Dweck Law Firm, LLP, New York, NY, for Plaintiff-Counter-Defendant-Appellant.

Leonard Benowich, Roosevelt & Benowich, LLP, White Plains, NY, for Defendant-Counterclaimant-Appellee.

R. Scott Garley (Mark W. Stoutenburg, on the brief), Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., New York, NY, for Defendants-Appellees.

Before: MINER and CALABRESI, Circuit Judges, and HOLWELL, District Judge.

MINER, Circuit Judge:

Plaintiff-counter-defendant-appellant Design Strategies, Inc. ("Design") appeals from a judgment entered in the United States District Court for the Southern District of New York (Marrero, J.). The action arises out of the alleged diversion of a corporate opportunity by defendant-counterclaimant-appellee Marc E. Davis ("Davis") during the course of his employment with Design. According to Design, the corporate opportunity was diverted...

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