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NEW ENGLAND ANTI-VIVISECTION SOC. v. U.S. SURGICAL CORP. INC.

No. 89-1549.

889 F.2d 1198 (1989)

NEW ENGLAND ANTI-VIVISECTION SOCIETY, INC., Plaintiff, Appellant, v. UNITED STATES SURGICAL CORPORATION, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 27, 1989.

Rehearing Denied January 16, 1990.

Attorney(s) appearing for the Case

Steven M. Wise, with whom Fraser & Wise, P.C., Boston, Mass., was on brief, for plaintiff, appellant.

Sanford M. Litvack, with whom Dewey, Ballantine, Bushby, Palmer & Wood, Peter B. Ellis, and Foley, Hoag & Eliot, Boston, Mass., were on brief, for defendant, appellee.

Before BOWNES, Circuit Judge, TIMBERS, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

TIMBERS, Circuit Judge:

In this action to enjoin the holding of an annual meeting because of alleged false and misleading statements in a company's proxy materials, appellant, New England Anti-Vivisection Society, Inc. ("NEAVS"), appeals from a judgment entered April 24, 1989, in the District of Massachusetts, Douglas P. Woodlock, District Judge, which dismissed NEAVS' complaint, after a hearing on NEAVS' motion for...

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