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CATO CAPITAL LLC v. HEMISPHERX BIOPHARMA, INC.

Civil Action No. 09-549(GMS).

70 F.Supp.3d 607 (2014)

CATO CAPITAL LLC, Plaintiff, v. HEMISPHERX BIOPHARMA, INC., and The Sage Group, Inc., Defendants.

United States District Court, D. Delaware.

Signed September 29, 2014.

Attorney(s) appearing for the Case

Melissa R. Roth , Pro Hac Vice.

Michael P. O'Day , Pro Hac Vice.

Neil Dilloff , Pro Hac Vice.

Tracey Turner , Pro Hac Vice.

Kevin Michael Coen , Morris, Nichols, Arsht & Tunnell, Wilmington, DE, for Plaintiff.

David Gerard Holmes , Joseph Grey , Christopher Page Simon , Cross & Simon, LLC, Wilmington, DE, for Defendants.

MEMORANDUM

I. INTRODUCTION

The plaintiff, Cato Capital LLC ("Cato Capital"), brought this action for damages and attorneys' fees against Hemispherx Biopharma, Inc. ("Hemispherx") alleging breach of contract, and fraudulent inducement, and against The Sage Group, Inc. ("Sage...

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