MEMORANDUM OPINION AND ORDER
BUCKLO, District Judge.
I. Background
Plaintiff John L. Byczek ("Byczek") was president and sole shareholder of Byzcek Equipment Company ("BEC"). In May 2001, BEC entered into an asset purchase agreement with defendants The Boelter Companies, Inc. and its president F. William Boelter (collectively "Boelter"). According to the agreement, Boelter was to purchase BEC and create a new company to carry on its operations...
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