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BORNSTEIN v. POULOS

No. 86-1004.

793 F.2d 444 (1986)

Louis J. BORNSTEIN, Plaintiff, Appellee, v. Richard E. POULOS, Trustee in Bankruptcy of Blier Cedar Company, Inc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 20, 1986.

Opinion on Granting of Rehearing August 12, 1986.

Attorney(s) appearing for the Case

Paul F. Zendzian, with whom Richard E. Poulos and John S. Campbell, Portland, Me., were on brief, for defendant, appellant.

M. Robert Dushman, with whom Brown, Rudnick, Freed & Gesmer, Boston, Mass., Daniel Amory and Drummond, Woodsum, Plimpton & MacMahon, Portland, Me., were on brief, for plaintiff, appellee Louis J. Bornstein.

Robert Checkoway, with whom John J. Flaherty and Preti, Flaherty & Beliveau, Portland, Me., were on brief, for plaintiff, appellee Philip P. Parent.

Before COFFIN and TORRUELLA, Circuit Judges, and MALETZ, Senior Judge.

MALETZ, Senior Judge.

Defendant-appellant Richard Poulos appeals from a grant of summary judgment dismissing his counter-claims against plaintiff-appellee Louis Bornstein and his cross-claims against defendant-appellee Philip Parent. Viewing the facts in the light most favorable to Poulos, see Poller v. Columbia Broadcasting System, 368 U.S. 464, 473, 82 S.Ct. 486, 7 L.Ed.2d 458 (1962), Hahn v. Sargent,

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