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United States First Circuit


New England Surfaces v. E.I. Du Pont De Nemours and Co., 081048

In a suit involving tort claims for fraudulent and negligent misrepresentation, breach of fiduciary duty and interference with contractual and prospective relations, dismissal of claims is affirmed in part and vacated in part where: 1) dismissal of plaintiff's state Franchise Act is reversed is vacated and remanded where the Act applies "only to franchise agreements...the performance of which contemplates or requires the franchisee to establish or maintain a place of business in [the state]"; and 2) district court properly ruled on summary judgment on plaintiff's other claims.

Appellate Information

  • Decided 09/23/2008
  • Published 09/23/2008

Judges

Court

  • United States First Circuit

Counsel

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