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LONGACRE MASTER FUND, LTD. v. ATS AUTOMATION TOOLING SYSTEMS INC.

No. 10 Civ. 8024.

LONGACRE MASTER FUND, LTD. and LONGACRE CAPITAL PARTNERS (QP), L.P., Plaintiffs, v. ATS AUTOMATION TOOLING SYSTEMS INC., Defendant.

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

July 20, 2011.

Attorney(s) appearing for the Case

MARTIN EISENBERG, ESQ. , White Plains, NY, Attorney for Defendant.

HALPERIN BATTAGLIA RAICHT, LLP, New York, NY, By: Christopher Battaglia, Esq. , Attorney for Defendant.

CLARK HILL PLC, Birmingham, MI, By: Christopher M. Cahill, Esq. ,

OPINION

ROBERT W. SWEET, District Judge.

Defendant ATS Automation Tooling Systems, Inc. ("ATS" or the "Defendant") has moved under Rule 12 (b) (6) of the Federal Rules of Civil Procedure to dismiss the complaint of Longacre Master Fund Ltd. and Longacre Capital Partners (QP), L.P. ("Longacre" or the "Plaintiffs"). Longacre has cross-moved summary judgment pursuant to Rule 56 of the Federal Rules on the First, Fifth and Seventh causes of action. ATS has sought...

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