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DEUTSCHE BANK SECURITIES INC. v. RHODES

No. 06 Civ. 413(DC).

578 F.Supp.2d 652 (2008)

DEUTSCHE BANK SECURITIES INC., Plaintiff, v. James M. RHODES, Sagebrush Enterprises, Inc., The Rhodes Companies, LLC, Heritage Land Company, LLC, Rhodes Design and Development Corporation and Rhodes Ranch General Partnership, Defendants.

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

September 29, 2008.

Attorney(s) appearing for the Case

Sussman & Frankel, LLP, by Neil A. Sussman, Esq., New York, NY, Mertz, Talbott & Simonds, PLC, by Gregory S. Mertz, Esq. Burlington, VT, for Plaintiff Deutsche Bank Securities Inc.

Stewart Occhipinti, LLP, by Charles A. Stewart, III, Esq. Frank S. Occhipinti, Esq., Abigail D. Rubin, Esq. New York, NY, for Defendants James M. Rhodes, Sagebrush Enterprises, Inc., The Rhodes Companies, LLC, Heritage Land Company, LLC, Rhodes Design and Development Corporation and Rhodes Ranch General Partnership.

OPINION

CHIN, District Judge.

In this case, defendants engaged plaintiff Deutsche Bank Securities, Inc. ("DBSI") to provide investment banking assistance in their efforts to obtain financing. They hired DBSI on an exclusive basis.

Defendants did not, however, obtain financing with DBSI's assistance. Rather, during the period of exclusivity, they obtained $500 million of financing with the assistance of another investment banking firm.

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