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PORTSIDE GROWTH AND OPPORTUNITY v. GIGABEAM CORP.

No. 07 Civ. 6990 (NRB).

557 F.Supp.2d 427 (2008)

PORTSIDE GROWTH AND OPPORTUNITY FUND, Plaintiff, v. GIGABEAM CORPORATION, INC., Defendant.

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

May 23, 2008.

Attorney(s) appearing for the Case

Thomas J. Flemming, Joshua S. Androphy, Olshan Grundman Frome Rosenzweig & Wolosky LLP, New York, NY, for Plaintiff.

Richard Roth, Jordan Kamm, Roth Law Firm, New York, NY, for Defendant.

MEMORANDUM AND ORDER

NAOMI REICE BUGHWALD, District Judge.

Portside Growth and Opportunity Fund ("Portside") brought this action alleging that Gigabeam Corporation, Inc. ("Gigabeam") breached an agreement to redeem its convertible preferred stock for cash or an equivalent value of common stock. Before this court is Portside's pre-answer motion for summary judgment pursuant to Fed.R.Civ.P. 56(a)(1), (c) on the issues of liability, damages, and other equitable...

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