CREDIT FRANCAIS INTERN., S.A. v. BIO-VITA, LTD.

Nos. 94-1854, 95-1091 and 95-1092.

78 F.3d 698 (1996)

CREDIT FRANCAIS INTERNATIONAL, S.A., Plaintiff, Appellee, v. BIO-VITA, LTD., Hemo-Innovations, Ltd., Defendants, Appellants. BIO VITA, LTD., et al., Plaintiffs, Appellees, v. Carl W. RAUSCH, et al., Defendants, Appellants, Ideal Environmental Systems, Inc., Counterclaimant, Appellant. BIO VITA, LTD., et al., Plaintiffs, Appellees, v. Carl W. RAUSCH, et al., Defendants, Appellees, Peter Fisher & Balfour Holdings, Inc., Counterclaimants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 29, 1996.


Attorney(s) appearing for the Case

David M. Mermell, Miami, FL, on Opposition to Motion to Vacate Order Dismissing Appeal for appellants, Bio-Vita, Ltd. and Hemo-Innovations, Ltd.

S. Elaine McChesney, with whom Robert A. Buhlman and Bingham, Dana & Gould, Boston, MA, were on brief for appellees Biopure Corporation, Biopure Associates Limited Partnership and Carl W. Rausch.

James B. Hicks, with whom Kathy A. Jorrie, Andrews & Kurth L.L.P., Los Angeles, CA, Evan Slavitt and Hinckley, Allen & Snyder, Boston, MA, were on brief for appellants, Peter Fisher, Balfour Holdings, Inc. and Ideal Environmental Systems, Inc.

Marc S. Palay, with whom Eric W. Bloom, Winston & Strawn, Washington, DC, Jerome M. Leonard, John D. Donovan, Jr. and Ropes & Gray, Boston, MA, were on brief for appellee, Credit Francais International, S.A.

Before SELYA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and CYR, Circuit Judge.


CYR, Circuit Judge.

In this consolidated, multiparty proceeding, the district court entered two separate summary judgment orders for intervenor CFI.1 The first judgment was against Trainor and awarded CFI a constructive trust over Trainor's "choses in action" against Biopure. The second judgment awarded CFI similar relief against Fisher. The second judgment was also favorable to Biopure. Each judgment was certified, though at different...

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