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  5. 705 F.Supp.2d 326 (2010)
 

KB DISSOLUTION CORP. v. GREAT AMERICAN OPPORTUNITIES, INC.

No. 09 Civ. 8565(LAK).

705 F.Supp.2d 326 (2010)

KB DISSOLUTION CORP., Plaintiff, v. GREAT AMERICAN OPPORTUNITIES, INC., Defendant.

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

April 14, 2010.

Attorney(s) appearing for the Case

Christian Carbone, Loeb & Loeb LLP, Attorneys for Plaintiff.

Thomas W. Wood, IV, Neuberger, Quinn, Gielen, Rubin & Gibber, P.A., Attorneys for Defendant.

MEMORANDUM OPINION

LEWIS A. KAPLAN, District Judge.

This matter is before the Court on KBI's application for leave to file a second amended complaint in substantially the same terms as its previously dismissed amended complaint. GAO resists, arguing that this Court lacks jurisdiction by virtue of its pending appeal from an order dismissing its counterclaims and, in any case, that the application should be denied as futile.

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