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INSTITUT PASTEUR v. CAMBRIDGE BIOTECH CORP.

No. 96-2028.

104 F.3d 489 (1997)

INSTITUT PASTEUR and Pasteur Sanofi Diagnostics, Appellants, v. CAMBRIDGE BIOTECH CORPORATION, Appellee.

United States Court of Appeals, First Circuit.

Decided January 17, 1997.

Attorney(s) appearing for the Case

Jeffrey D. Sternklar, with whom Michael Gottfried and Burns & Levinson, L.L.P., Boston, MA, were on brief, for appellants.

Joseph F. Ryan, with whom Jeffrey L. Jonas, Anthony L. Gray, Andrew P. Strehle and Brown, Rudnick, Freed & Gesmer, P.C., Boston, MA, were on brief, for appellee.

Before CYR, BOUDIN and LYNCH, Circuit Judges.

CYR, Circuit Judge.

Unsuccessful in their intermediate appeal to the district court, Institut Pasteur and Pasteur Sanofi Diagnostics [collectively: "Pasteur"] again appeal from the bankruptcy court order which confirmed the chapter 11 reorganization plan ("Plan") proposed by debtor-in-possession Cambridge Biotech Corporation ("CBC"), the holder of two licenses to utilize Pasteur patents. The Plan provision central to the present dispute calls for the sale of all CBC...

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