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BOOKLAND OF MAINE v. BAKER, NEWMAN & NOYES, LLC

No. CIV. 01-234-P-H.

206 F.Supp.2d 38 (2002)

BOOKLAND OF MAINE, Plaintiff v. BAKER, NEWMAN & NOYES, LLC, Defendant

United States District Court, D. Maine.

June 18, 2002.

Attorney(s) appearing for the Case

Robert J. Keach, Esq., Bernstein, Shur, Sawyer & Nelson, Portland, ME, for Bookland of Maine, plaintiff.

Peter W. Culley, Esq., Mark E. Porada, Esq., Pierce, Atwood, Portland, ME, for Baker Newman & Noyes, defendant.

ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

HORNBY, Chief Judge.

The motion for summary judgment is DENIED. There are genuine issues of material fact on causation and damages. I have serious reservations, however, over what the separate breach of fiduciary duty count adds to the claims for breach of contract, negligence and negligent misrepresentation. At bottom, this is an action for professional...

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