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MEDIA DUPLICATION SERVICES v. HDG SOFTWARE

No. 90-1495.

928 F.2d 1228 (1991)

MEDIA DUPLICATION SERVICES, LTD., Plaintiff, Appellee, v. HDG SOFTWARE, INC., Defendant, Appellant, Joseph Wine, Appellant.

United States Court of Appeals, First Circuit.

Decided March 27, 1991.

As Amended April 23, 1991.

Attorney(s) appearing for the Case

Marshall M. Schribman, Boston, Mass., with whom Joseph Wine, Braintree, Mass., was on brief, for defendant, appellant and appellant.

Harry C. Mezer, Boston, Mass., with whom M. Robert Queler, Wellesley, Mass., was on brief, for plaintiff, appellee.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and WOODLOCK, District Judge.

WOODLOCK, District Judge.

Trial counsel in this case, each separately pursuing a shortsighted and obfuscatory course, have together managed to suffuse a relatively modest piece of contract litigation with the mists of considerable confusion.

The confusion began at the inception of the action when the defendant disingenuously declined to acknowledge the efficacy of service by mail. Confronted by the defendant's dissimulation regarding service, the plaintiff...

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