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KOURY v. XCELLENCE, INC.

No. 08 Civ. 5409 (SAS).

649 F.Supp.2d 127 (2009)

Joseph KOURY, Plaintiff, v. XCELLENCE, INC., d/b/a/ Xact, Robert Polus, and Barbara Amos, Defendants.

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

Opinion Denying Reconsideration March 4, 2009.

Attorney(s) appearing for the Case

Seth T. Taube, Esq., Maureen P. Reid, Esq., Baker Botts L.L.P., New York, NY, for Plaintiff.

Michael A. Kalish, Esq., Epstein Becker & Green, P.C., New York, NY, for Defendants.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION

Joseph Koury brings this action against Xcellence, Inc., d/b/a Xact ("Xact") and two of its officers for events arising out of the sale of Koury's reproduction services business to Xact in May 2006. Specifically, Koury asserts that Xact breached the sale contract and that all defendants breached their fiduciary duties. Defendants now move to dismiss this action pursuant...

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