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MICRO-SPARC, INC. v. WEINSTOCK

Nos. 84-1642, 84-1801.

758 F.2d 790 (1985)

MICRO-SPARC, INC., Plaintiff, Appellee, v. Michael WEINSTOCK, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 3, 1985.

Attorney(s) appearing for the Case

James B. Krasnoo, Boston, Mass., with whom Norris, Kozodoy & Krasnoo, Boston, Mass., was on brief, for defendant, appellant.

Mark D. Shuman, Boston, Mass., for plaintiff, appellee.

Before BREYER and ALDRICH, Circuit Judges, and PETTINE, Senior District Judge.

BREYER, Circuit Judge.

Michael Weinstock, the appellant, worked as advertising manager of Nibble magazine. Micro-Sparc, Inc., Nibble's owner, allowed Weinstock to buy 1,000 Micro-Sparc shares as part of his compensation. After about a year Micro-Sparc discharged Weinstock. It then tried to repurchase the 1,000 shares, pointing to a provision in an Agreement with Weinstock that said

In the event Weinstock, for any reason, ceases to be an employee...

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