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ANALYTICAL SURVEYS, INC. v. TONGA PARTNERS, L.P.

No. 09-2622-cv.

684 F.3d 36 (2012)

ANALYTICAL SURVEYS, INC., Plaintiff-Appellee, v. TONGA PARTNERS, L.P., Cannell Capital, LLC, J. Carlo Cannell, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: June 4, 2012.

Amended: July 13, 2012.

Attorney(s) appearing for the Case

Jack Fruchter (Mitchell M.Z. Twersky and Ximena R. Skovron, on the brief), Abraham, Fruchter & Twersky, LLP, New York, NY, for Plaintiff-Appellee.

Steven M. Hecht (Sally J. Mulligan and Michael J. Hampson, on the brief), Lowenstein Sandler PC, Roseland, NJ, for Defendants-Appellants.

Before: HALL, LIVINGSTON, and CHIN, Circuit Judges.

LIVINGSTON, Circuit Judge:

Defendants-Appellants Tonga Partners, L.P. ("Tonga"), Cannell Capital, LLC ("Cannell Capital"), and J. Carlo Cannell ("Cannell") (collectively, "Defendants"), appeal from a judgment of the United States District Court for the Southern District of New York (Wood, J.), entered June 10, 2009, holding Defendants liable to Plaintiff-Appellee Analytical Surveys, Inc. ("ASI") in the total amount of $4,965,898.95, and from a May 29, 2009...

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