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ALLIANCE INDUSTRIES, INC. v. LONGYEAR HOLDINGS

No. 08-CV-490S.

854 F.Supp.2d 321 (2012)

ALLIANCE INDUSTRIES, INC., Plaintiff / Counter-Defendant, v. LONGYEAR HOLDINGS, INC., Defendant / Counter-Plaintiff.

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

February 28, 2012.

Attorney(s) appearing for the Case

Lisa A. Coppola , Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo, NY, for Plaintiff/Counter-Defendant.

Brian A. Berkley , Pepper Hamilton LLP, Larry R. Wood, Jr. , Blank Rome LLP, Philadelphia, PA, Michael E. Ferdman , Hiscock & Barclay LLP, Buffalo, NY, for Defendant/Counter-Plaintiff.

DECISION AND ORDER

WILLIAM M. SKRETNY, Chief Judge.

I. INTRODUCTION

Plaintiff, Alliance Industries, Inc. ("Alliance") commenced this diversity action on July 2, 2008 alleging, inter alia, that Defendant Longyear Holdings, Inc., ("Longyear") unlawfully withheld funds from an escrow account pursuant to the sale of Alliance's subsidiary, Prosonic Corp. ("Prosonic"). Longyear answered and asserted eleven counterclaims, alleging that it withheld...

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