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MARTIN v. APPLIED CELLULAR TECHNOLOGY, INC.

No. 01-1568.

284 F.3d 1 (2002)

John H. MARTIN, Jr., Plaintiff, Appellant, v. APPLIED CELLULAR TECHNOLOGY, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 19, 2002.

Attorney(s) appearing for the Case

Richard A. Mitchell, with whom Francis L. Cramer and Sullivan & Gregg, P.A., were on brief, for appellant.

Alexander J. Walker, Jr., with whom Devine, Millimet & Branch, P.A., was on brief, for appellee.

Before BOUDIN, Chief Judge, LIPEZ, Circuit Judge, and BOWNES, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 24, 2002.

BOWNES, Senior Circuit Judge.

Plaintiff-appellant John H. Martin, Jr. was employed by a company owned and controlled by defendant-appellee Applied Cellular Technology, Inc. ("ACT"). He brought this diversity action in the District Court for the District of New Hampshire to recover damages allegedly arising out of a criminal prosecution and a civil action that ACT commenced against him. The district court...

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