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BONDI v. CITIGROUP, INC.

No. A-2654-08T2.

32 A.3d 1158 (2011)

423 N.J. Super. 377

Dr. Enrico BONDI, as Extraordinary Commissioner of Parmalat Finanziaria S.p.A., Parmalat S.p.A., and Other Affiliated Entities in Extraordinary Administration, Plaintiff-Appellant/Cross-Respondent, v. CITIGROUP, INC., Citibank, N.A., Vialattea, L.L.C., Buconero, L.L.C., and Eureka Securitisation P.L.C., Defendants-Respondents/Cross-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided: December 22, 2011.

Attorney(s) appearing for the Case

Kathleen M. Sullivan argued the cause for appellant/cross-respondent (DeCotiis, Fitzpatrick, Cole & Wisler, L.L.P., Ms. Sullivan , Peter E. Calamari , Steven G. Madison , Marc L. Greenwald , and Sanford I. Weisburst (Quinn Emanuel Urquhart Oliver & Hedges, L.L.P.) of the New York bar, admitted pro hac vice, attorneys; Ms. Sullivan , Mr. Calamari , Mr. Madison , Mr. Greenwald and Mr. Weisburst , of counsel; Michael R. Cole and Gregory J. Bevelock , on the brief).

John F. Baughman (Paul, Weiss, Rifkind, Wharton & Garrison) of the New York bar, admitted pro hac vice, argued the cause for respondents/cross-appellants (Stern & Kilcullen, Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., and Mr. Baughman , attorneys; Theodore V. Wells, Jr. , and Mr. Baughman , of counsel; Herbert J. Stern and Andrew Bosin , on the brief).

Before Judges CUFF, SAPP-PETERSON and SIMONELLI.

The opinion of the court was delivered by

CUFF, P.J.A.D.

Between 1961 and 2003, Parmalat Finanziaria S.p.A., (Parmalat) grew from a regional dairy in Italy producing and distributing milk and milk products to a multi-national corporation producing and distributing food products, including dairy products. Its growth was initiated by a technique developed by it to extend the shelf life of milk. Parmalat accomplished its growth by acquiring other corporations...

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