BAXTER HEALTH CARE, CORP. v. HARVARD APPARATUS

No. 92-P-439.

35 Mass. App. Ct. 204 (1993)

617 N.E.2d 1018

BAXTER HEALTH CARE, CORP. vs. HARVARD APPARATUS, INC.

Appeals Court of Massachusetts, Middlesex.

August 23, 1993.


Attorney(s) appearing for the Case

Franklin H. Levy for the defendant.

Teresa A. Martland for the plaintiff.

Present: PERRETTA, GILLERMAN, & GREENBERG, JJ.


GILLERMAN, J.

After the parties settled a lawsuit by entering into an agreement which called for the purchase by the defendant (Harvard) of all of the plaintiff's inventory of infusion pumps and related items at a price to be determined by a formula, disagreements about the performance of the agreement arose, and the plaintiff (Bard) demanded arbitration by the American Arbitration Association (AAA) in accordance with an arbitration clause in the settlement agreement...

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