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HELLER v. STARWOOD HOTELS AND RESORTS WORLDWIDE, INC.

No. 03 CIV. 9151(SCR).

332 F.Supp.2d 587 (2004)

Warren HELLER and Ralph Silver, Plaintiffs v. STARWOOD HOTELS AND RESORTS WORLDWIDE, INC., WHLP Acquisition LLC, Westin Realty Corp., Theodore W. Darnall, and Alan M. Schnaid, Defendants

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

August 6, 2004.

Attorney(s) appearing for the Case

Lawrence P. Kolker, Wolf, Haldenstein, Adler, Freeman & Herz, L.L.P., New York, NY, for Plaintiffs.

Peter Duffy Doyle, Kirkland and Ellis LLP, Steven M. Bierman, Sidley Austin Brown & Wood LLP, New York, NY, for Defendants.

MEMORANDUM DECISION AND ORDER

ROBINSON, District Judge.

I. BACKGROUND:

A. PROCEDURAL BACKGROUND:

Warren Heller and Ralph Silver (collectively, the "Plaintiffs") brought this lawsuit against Starwood Hotels and Resorts Worldwide, Inc. ("Starwood"), WHLP Acquisition LLC ("WHLP Acquisition"), Westin Realty Corp. ("Westin"), Theodore W. Darnall ("Darnall") and Alan M. Schnaid ("Schnaid"; collectively...

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