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TURNER v. JOHNSON & JOHNSON

Nos. 86-1211, 86-1212.

809 F.2d 90 (1986)

Robert B. TURNER, et al., Plaintiffs, Appellants, v. JOHNSON & JOHNSON, et al., Defendants, Appellees. Robert B. TURNER, et al., Plaintiffs, Appellees, v. JOHNSON & JOHNSON, et al., Defendants, Appellees. Johnson & Johnson and Charles M. Hartman, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 31, 1986.

Attorney(s) appearing for the Case

Joseph M. Alioto, San Francisco, Cal., and Daniel R. Shulman with whom Gray, Plant, Mooty, Mooty & Bennett, Minneapolis, Minn., Alioto & Alioto, San Francisco, Cal., Jerry Cohen, Cohen & Burg, Boston, Mass., and Joseph S. Iandiorio, Waltham, Mass., were on briefs for Robert B. Turner, et al.

Frederick T. Davis with whom Lynn P. Freedman, Howard S. Schrader, New York City, Riemer & Braunstein, Boston, Mass., and Patterson, Belknap, Webb & Tyler, New York City, were on brief for Johnson & Johnson and Charles M. Hartman.

Before COFFIN, Circuit Judge, WISDOM and ALDRICH, Senior Circuit Judges.

COFFIN, Circuit Judge.

This case arises from defendant Johnson & Johnson's purchase of an electronic thermometer business from plaintiffs. A jury awarded plaintiffs $4 million on their claim of common law fraud arising from the sale, but the district court ruled or found for Johnson & Johnson and several of its executives on all other claims, including one for statutory fraud. Each side appeals the decisions adverse to them. We conclude that defendants are...

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