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TRIPLE FIVE OF MINNESOTA, INC. v. SIMON

No. CIV.99-1894 PAM/RLE.

280 F.Supp.2d 895 (2003)

TRIPLE FIVE OF MINNESOTA, INC., a Minnesota corporation, Plaintiff, v. Melvin SIMON; Herbert Simon; Randolph Foxworthy; Melvin Simon & Associates, Inc., an Indiana corporation; Si-Minn Limited Partnership, an Indiana limited partnership; Si-Minn, Inc., an Indiana corporation; David Simon; Simon Property Group, Inc., a Delaware Corporation; Simon Property Group L.P., a Delaware limited partnership; MS Management Associates, Inc., an Indiana corporation; Simon Management Associates, Inc., an Indiana corporation; Mall of America Associates, a Minnesota general partnership; MOAC Limited Partnership, a Minnesota limited partnership; Mall of America Company, a Minnesota general partnership; Minntertainment Associates, a Minnesota general partnership; Minntertainment Company, a Minnesota general partnership; MOAC Mall Holdings LLC; MOA Land Holdings LLC, MOA Entertainment Company LLC; and Does 1 to 20; Defendants.

United States District Court, D. Minnesota.

September 10, 2003.

Attorney(s) appearing for the Case

Roger James Magnuson, Christopher T. Shaheen, Mitchell Widell Granberg, Todd Robert Trumpold, Dorsey & Whitney, Minneapolis, MN, Creighton Reid Magid, Dorsey & Whitney, Washington, DC, for Plaintiff.

Thomas S. Fraser, James E. Dorsey, Gregory Elan Karpenko, Fredrikson & Byron, Minneapolis, MN, John M. Sheran, Lawrence Jeffrey Field, Leonard Street and Deinard, Minneapolis, MN, Richard L. Posen, Steven H. Reisberg, Tariq Mundiya, Willkie Farr & Gallagher, New York City, Monica L. Davies, Elizabeth Wiet Reutter, Leonard Street and Deinard, Minneapolis, MN, for defendants.

MEMORANDUM AND ORDER

MAGNUSON, District Judge.

This matter was tried to the Court during June, July, and August 2003. The bench trial was confined to Plaintiff's claim for breach of fiduciary duty (Compl. Count I), as well as the Counts of the Complaint seeking the equitable remedies of accounting (id. Count VI), rescission (id. Count VII), constructive trust (id. Count VIII), and specific performance (id. Count IX). The parties...

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