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Business Associations Keyed to Bainbridge
NetJets Aviation, Inc. v. LHC Communications, LLC
Citation:537 F.3d 168 (2d Cir. 2008)
LHC is a Delaware limited liability company whose sole member-owner is Zimmerman. On August, 1999, LHC entered into two contracts with NetJets. The Management Agreement allotted to LHC use of the airline for an average of 100 hours per for for five years. In July, 2000, LHC terminated its agreements with NetJets. LHC’s chief financial officer James Whittier sent a letter, stating that the present outstanding is $440,840.39 and requested NetJets to apply the deposit of $100,00 against the outstanding. LHC applied the $100,000 deposit against LHC’s debt; however, it did not receive payment of the remaining balance of $340,840.39. In 2001, LHC ceased operations. NetJets commenced the action in 2002, asserting claims against LHC and Zimmerman for breach of contract.
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