KELLY CAPITAL, LLC v. S & M BRANDS, INC.

Civil Action No. 3:10cv728.

873 F.Supp.2d 659 (2012)

KELLY CAPITAL, LLC and Kelly Escrow Fund V, LLC, Plaintiffs and Counterclaim Defendants, v. S & M BRANDS, INC., Defendant and Counterclaim Plaintiff, v. SEI Private Trust Company, as Trustee of the SEI Private Trust, Counterclaim Defendant.

United States District Court, E.D. Virginia, Richmond Division.

Opinion Amended In Part August 14, 2012.

As Corrected October 10, 2012.


Attorney(s) appearing for the Case

David Barmak , Matthew Adam Richer Cohen , Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Washington, DC, Bridget Moorhead , Mintz Levin Cohn Ferris Glovsky and Popeo PC, San Diego, CA, for Plaintiffs and Counterclaim Defendants.

Alan Durrum Wingfield , Bryan Michael Haynes , Timothy James St. George , Troutman Sanders LLP, Richmond, VA, for Defendant and Counterclaim Plaintiff.


MEMORANDUM OPINION

ROBERT E. PAYNE, Senior District Judge.

This matter is before the Court after a bench trial on the First Amended Complaint ("FAC") (Docket No. 49) filed by Kelly Capital, LLC ("Kelly Capital") and Kelly Escrow Fund V, LLC ("Kelly Escrow")1 against S & M Brands, Inc. ("S & M Brands"); the Amended Counterclaim ("ACC") filed by S & M against Kelly Capital, Kelly Escrow, and SEI Private Trust Company...

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