United States First Circuit

Partial summary judgment for plaintiffs in an action involving a right of first refusal in a stock purchase is affirmed where the defendants did not qualify as affiliates under the terms of the agreement creating the right, and where the court did not commit legal error by selecting the equitable remedy of rescission over that of specific performance.

Appellate Information

• Decided 04/03/2006
• Published 04/03/2006

Judges

• SELYA, Circuit Judge., Before SELYA, LYNCH and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• David H. Erichsen, with whom Peter A. Spaeth, Eric D. Levin, Michael R. Dube, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellants, cross-appellees Blinds to Go, Inc. and its shareholders., John T. Montgomery, with whom Mark D. Meredith, Sara M. Beauvalot, and Ropes & Gray LLP were on brief, for appellees, cross-appellants Charlesbank Equity Fund II, Limited Partnership and Harvard Private Capital Holdings, Inc.