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U.S. GAS & ELECTRIC, INC. v. BIG APPLE ENERGY, LLC

No. 09-CV-1961 (ADS)(ARL).

705 F.Supp.2d 216 (2010)

U.S. GAS & ELECTRIC, INC., Plaintiff, v. BIG APPLE ENERGY, LLC, and Victor Ferreira, Defendants.

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

April 10, 2010.

Attorney(s) appearing for the Case

Wildman, Harrold, Allen & Dixon LLP, by David J. Fischer, Esq., Jennifer Douglass, Esq., William Allen Woolley, Esq., of Counsel, Chicago, IL, for the Plaintiff.

Akerman Senterfitt LLP, by Martin Domb, Esq., of Counsel, New York, NY, for the Plaintiff.

Wolff & Samson, by Lori E. Grifa, Esq., Daniel D. Barnes, Esq., of Counsel, West Orange, NJ, for the Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

U.S. Gas & Electric, Inc. ("USGE") is an energy company that provides natural gas to residential and commercial customers. In 2003, USGE entered into an agreement with Big Apple Energy LLC ("BAE"), whereby BAE agreed to act as USGE's agent in purchasing and delivering natural gas. BAE's principal, Victor Ferreira, was a longtime adviser to USGE and served as a member of its board of directors from...

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