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FOSTER-MILLER, INC. v. BABCOCK & WILCOX CANADA

Nos. 99-1227, 99-1228.

210 F.3d 1 (2000)

FOSTER-MILLER, INC. Plaintiff, Appellee, v. BABCOCK & WILCOX CANADA, Defendant, Appellant. Foster-Miller, Inc. Plaintiff, Appellant, v. Babcock & Wilcox Canada, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 31, 2000.

Attorney(s) appearing for the Case

Peter L. Resnik, with whom Emily E. Smith-Lee and McDermott, Will & Emery, were on brief for appellant/cross-appellee.

James J. Foster, with whom Christopher S. Schultz and Wolf, Greenfield & Sacks, P.C., were on brief for appellee/cross-appellant.

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

STAHL, Circuit Judge.

At the conclusion of a nine-day trial, a jury determined that defendant Babcock & Wilcox Canada (BWC) had breached a confidentiality and non-disclosure agreement that it had reached with a competitor, plaintiff Foster-Miller, Inc. (FMI). The breach sued upon was BWC's alleged use of confidential FMI technology in the development of a small diameter, high pressure, flexible hose. The jury set FMI's damages at $5,084,587. BWC appeals from an...

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