Nos. 00-1837, 00-1910.

265 F.3d 27 (2001)

Merrill W. KEARNEY, Plaintiff, Appellant, v. J.P. KING AUCTION COMPANY, INC., J. Craig King, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 13, 2001.

Attorney(s) appearing for the Case

Thomas P. Hineman and Mark K. McDonough, with whom Kevin M. Cuddy and Cuddy & Lanham were on brief for appellant.

John W. McCarthy, with whom Brent A. Singer and Rudman & Winchell, LLC were on brief for appellees.

Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and SCHWARZER, Senior District Judge.

LEVIN H. CAMPBELL, Senior Circuit Judge.

This appeal from adverse rulings in the district court concerns the sale of eighty acres of undeveloped waterfront land in Lubec, Maine. Owned by plaintiff-appellant Merrill Kearney, the land was sold at auction on his behalf by defendant-appellee J.P. King Auction Company ("King Auction") on May 14, 1997.

The auction did not go well. Only two bidders were present and one withdrew when the price per acre rose to $100...

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