United States First Circuit

Summary judgment for defendant in a suit surrounding a distribution agreement is affirmed where: 1) the court was not obliged to let plaintiff obtain priority over another party through self-help prior to an adjudication; 2) claim of off-setting damages failed because they did not arise out of the same contract; and 3) plaintiff dismissed other claims.

Appellate Information

• Decided 04/17/2006
• Published 04/17/2006

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Christopher F. Robertson with whom Peter S. Brooks, Susan W. Gelwick and Seyfarth Shaw LLP were on brief for appellants.


• For Appellees:
  
• Daniel J. Kelly with whom Scott A Silverman, Peter Antonelli and Gadsby Hannah LLP were on brief for intervenor-plaintiff, appellee.