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LABRECQUE v. NICONCHUK

No. 7766.

442 F.2d 1094 (1971)

Andre LABRECQUE, Plaintiff, Appellant, v. Alec W. NICONCHUK, d/b/a North Shore Laboratories, Defendant, Appellee.

United States Court of Appeals, First Circuit.

May 10, 1971.

Attorney(s) appearing for the Case

Philip G. Koenig, Boston, Mass., for plaintiff-appellant.

John A. McNiff, Peabody, Mass., for defendant-appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

Plaintiff, a Canadian citizen, brought this diversity suit against defendant, a Massachusetts manufacturer of a tire repair product. Plaintiff claims that the defendant breached a contract granting an exclusive distributorship to him. In the alternative, he asks for damages in quantum meruit.1 At the conclusion of the plaintiff's evidence and again after all the evidence was in, the defendant moved for a...

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