United States First Circuit

Based on the procedural history and extrinsic evidence, there are conflicting reasonable interpretations of a settlement agreement which create a triable issue of fact requiring the determination of whether the parties intended to include future affiliates within the agreement's definition of plaintiff.

Appellate Information

• Decided 08/14/2003
• Published 08/14/2003

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Scott G. Lindvall, with whom Patricia J. Clarke, Darby & Darby P.C., Douglas J. Kline, Jennifer L. Conrad, Testa, Hurwitz & Thibeault, LLP, were on brief, for appellant.


• For Appellees:
  
• Shaun P. Martin, with whom A. William Urquhart, Marshall M. Searcy III, Quinn Emanuel Urquhart Oliver & Hedges, LLP, F. Dennis Saylor, IV, Cheryl R. Brunetti, and Goodwin Procter LLP, were on brief, for appellees.