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EVEREST CAPITAL v. EVEREST FUNDS MGMT.

No. 01 CIV. 4403(LTS)(AJP).

178 F.Supp.2d 459 (2002)

EVEREST CAPITAL LIMITED, Plaintiffs, v. EVEREST FUNDS MANAGEMENT, L.L.C., Everest Funds and Vinod Gupta, Defendants.

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

January 8, 2002.

Attorney(s) appearing for the Case

Seward & Kissel LLP (by Mark J. Hyland, Jeffrey M. Dine, Jonathon D. Matkowsky), New York City, for Plaintiff.

Owen & Davis, PC (by Robert D. Owen, Henry G. Burnett), New York City, Robins, Kaplan, Miller & Ciresi, L.L.P. (by Rita Coyle DeMeules, Raymond B. Eby), Minneapolis, MN, for Defendants.

MEMORANDUM OPINION AND ORDER

SWAIN, District Judge.

This trademark action is before the Court on motions concerning the appropriate forum for the litigation. Plaintiff Everest Capital ("Everest Capital" or "Plaintiff") is a Bermuda corporation that provides investment management services and has its principal place of business in Bermuda. Defendants Everest Funds Management ("EFM") and Everest Funds ("EF"), both Delaware corporations, offer investment...

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