OSTLER v. CODMAN RESEARCH GROUP, INC.

No. 99-2367.

241 F.3d 91 (2001)

David B. Ostler, Plaintiff, Appellant, v. Codman Research Group, Inc. and S. Philip Caper, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 2, 2001.


Attorney(s) appearing for the Case

W.E. Whittington with whom Whittington Melendy & Girdwood, P.C. was on brief for appellant.

Bruce E. Falby with whom Kirsten Nelson Callahan and Hill & Barlow were on brief for appellees.

Before Torruella, Chief Judge, Boudin and Lipez, Circuit Judges.


BOUDIN, Circuit Judge.

Plaintiff David Ostler appeals after a jury verdict against him in a case growing out of his decision not to exercise stock options he held in Codman Research Group, Inc. ("Codman"). Codman made software for the health care industry and Ostler held various positions at the company from 1985 until 1995, serving as its president from 1989 to 1993. Under Codman's 1988 stock option plan, Ostler received options to purchase 60,000 common shares of...

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