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MITRANO v. TOTAL PHARMACEUTICAL CARE, INC.

No. 95-1827.

75 F.3d 72 (1996)

Francis P. MITRANO, Plaintiff, Appellant, v. TOTAL PHARMACEUTICAL CARE, INC. and Abbey Healthcare Group, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 9, 1996.

Attorney(s) appearing for the Case

John Traficonte, Boston, MA, for appellant.

Joseph L. Stanganelli, with whom David H. Erichsen, Hale and Dorr, Boston, MA, were on brief, for appellees.

Before CYR, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

PER CURIAM.

Appellant Francis P. Mitrano brought this diversity action against his former employer, appellee Total Pharmaceutical Care, Inc. ("TPC"), seeking indemnification for litigation expenses as provided in TPC's corporate bylaws. Mitrano also sued appellee Abbey Healthcare Group, Inc. ("Abbey"), which had acquired TPC in 1993 and affirmed at that time its obligation to honor TPC's indemnification bylaw. In October 1994, shareholders of Abbey filed a securities...

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