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POWERS v. BOSTON COOPER CORP.

No. 90-1962.

926 F.2d 109 (1991)

Richard C. POWERS, Plaintiff, Appellant, v. BOSTON COOPER CORPORATION, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 27, 1991.

Attorney(s) appearing for the Case

Frank J. Ciano, Cambridge, Mass., for plaintiff, appellant.

Catherine E. Reuben with whom Jeffrey L. Hirsch and Brown, Rudnick, Freed & Gesmer, were on brief, Boston, Mass., for defendant, appellee.

Before TORRUELLA, SELYA and CYR, Circuit Judges.

SELYA, Circuit Judge.

In this diversity case, 28 U.S.C. § 1332, governed by the substantive law of Massachusetts, plaintiff-appellant Richard C. Powers had three chances to put the ball in play. He struck out. At the last, the district court dismissed Powers' second amended complaint for failure to state an actionable claim. Fed.R.Civ.P. 12(b)(6). Powers says that the strike-out call was a blunder. We find the side was retired in accordance with the rules and...

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