REDGRAVE v. BOSTON SYMPHONY ORCHESTRA, INC.

Nos. 85-1305, 85-1341.

855 F.2d 888 (1988)

Vanessa REDGRAVE and Vanessa Redgrave Enterprises, Ltd., Plaintiffs, Appellants, v. BOSTON SYMPHONY ORCHESTRA, INC., Defendant, Appellee. Vanessa REDGRAVE and Vanessa Redgrave Enterprises, Ltd., Plaintiffs, Appellees, v. BOSTON SYMPHONY ORCHESTRA, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 31, 1988.


Attorney(s) appearing for the Case

Daniel J. Kornstein with whom Marvin Wexler and Kornstein Veisz & Wexler, New York City, were on brief, for Vanessa Redgrave and Vanessa Redgrave Enterprises, Ltd.

Barbara Arnwine, Alan Jay Rom, Lawyers' Committee for Civil Rights Under Law of the Boston Bar Ass'n, F. Anthony Mooney, Maria O'Brien Hylton, Hale & Dorr, and Marjorie Heins, Boston, Mass., Massachusetts Civil Liberties Union Foundation, on brief for Lawyers' Committee, for Civil Rights Under Law of the Boston Bar Ass'n and the Civil Liberties Union of Massachusetts, amici curiae.

Robert E. Sullivan with whom John T. Harding, Jr., Cassandra Warshowsky, Palmer & Dodge, Keith C. Long and Nutter, McClennen & Fish, Boston, Mass., were on brief, for Boston Symphony Orchestra, Inc.

Marvin N. Geller, Thomas M. Sobol and Brown, Rudnick, Freed & Gesmer, Boston, Mass., on brief, for American Jewish Congress, amicus curiae.

Todd L.C. Klipp, Stephen A. Williams and Michael B. Rosen, Office of the General Counsel, Boston, Mass., on brief for Trustees of Boston University, amicus curiae.

Philip Burling, Stephen B. Deutsch and Foley, Hoag & Eliot, Boston, Mass., on brief, for Boston College and Tufts University, amici curiae.

Before COFFIN, BOWNES, BREYER, TORRUELLA and SELYA, Circuit Judges.


OPINION EN BANC

COFFIN, Circuit Judge.

This complex litigation has involved this court at three stages. On first hearing the appeal from the district court we certified two questions to the Supreme Judicial Court of Massachusetts. After considering its responses, together with its suggestions on an issue not expressly raised by either question, a panel of this court agreed on the disposition of issues relating to plaintiffs' contract claim but divided as...

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