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KELLY v. DCC TECHNOLOGY HOLDINGS, INC.

22-CV-518S.

724 F.Supp.3d 122 (2024)

Kevin KELLY and Mark Wilkins, Plaintiffs, v. DCC TECHNOLOGY HOLDINGS, INC. and Exertis (UK) Limited, Defendants.

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

Signed March 20, 2024.

Attorney(s) appearing for the Case

Joshua Scott Glasgow, David J. McNamara, Phillips Lytle LLP, Buffalo, NY, for Plaintiffs.

Julia M. Hilliker, Hodgson Russ, LLP, Buffalo, NY, Michael C. Hefter, Seth M. Cohen, Alston & Bird LLP, New York, NY, Phoebe A. Wilkinson, Hogan Lovells U.S. LLP, New York, NY, for Defendants.

DECISION AND ORDER

I. INTRODUCTION

In this diversity action, Plaintiffs Kevin Kelly and Mark Wilkins allege that Defendants DCC Technology Holdings, Inc. ("DCC"), and DCC's guarantor, Exertis (UK) Limited ("Exertis"), broke certain promises and covenants entered when DCC acquired...

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